Very old Will - family circumstances have changed & Will not updated

[SoSolid]

My mother has passed recently. There is only myself and my sister left in the family.

When my mam wrote her will many years ago, she had very modest assets, a small apartment as her home and very little cash. She had a state pension, no private pension. No life insurance. In the Will she left her apartment to the pair of us equally and the remainder of her “residuary estate”, after all expenses are discharged, to a charity.

A year or so before she passed away, mam inherited a sizeable amount of cash from her own sisters estate. Not a life changing sum at all but maybe 10x her own original cash holdings that were very small to begin with. This considerably changed her asset position and the “residuary” value of her estate. Mam didn’t update her will after receiving that inheritance before passing away.

There is just no way my mother’s intention was to give such a significantly increased cash asset to a charity instead of her own children. A few grand going to a charity is fine and we would not care about same. A recently inherited cash sum is a different matter altogether.

What happens in such a scenario please?

 

[DannyBoyD]

no way my mother’s intention was to give such a significantly increased cash asset to a charity

Very sorry for your loss.

it seems to me this was her intent since she didnt change her will.

 

[Brendan Burgess]

I think you know the answer!

The charity gets the money according to the will.

You could ask them to disclaim it.

 

[time to plan]

Very sorry for your loss.

it seems to me this was her intent since she didnt change her will.

It's very hard to say what her intent was. People don't change their wills for all sorts of reasons. However it's not relevant to the validity of the will so it will go to the charity.

 

[DannyBoyD]

hard to say what her intent was

Not really that difficult, people make wills to document their wishes.

It might not tally with what the offspring would like, but its clearly what the parent intended.

I'm open to correction, but I don't believe the charity can disclaim as easily as that.
If the parent won €5m in the lottery & then died the next day, there could be a good case to argue that they hadn't time to amend the will & whilst a small residue to charity would be a generous act, the disponer would not have intended such a large sum.

In this instance the parent had ample time to update & didn't.

 

[Brendan Burgess]

I'm open to correction, but I don't believe the charity can disclaim as easily as that.

I think that it's a long shot. And they might not be allowed to do so.

An individual could disclaim an inheritance easily enough but a charity which was short of money might find it very difficult to do.

Brendan

 

[Towger]

I came across a similar case only recently. The deceased had just sold a property before they died. All the proceeds of the sale quite literally went to the Dogs ans Cat Home, as that was where their will stated left over cash was to go.

 

[Odea]

Is the will in your possession and are you the executors?

 

[T McGibney]

I think that it's a long shot. And they might not be allowed to do so.

An individual could disclaim an inheritance easily enough but a charity which was short of money might find it very difficult to do.

The acceptance or disclaiming of a bequest is surely a decision for each individual board. If an acceptance is likely to entail hardship for the survivors of a legator, the Board should take this into account in making their decision.

I cannot think of a scenario where the Board of a charity would be prohibited from disclaiming a bequest in their favour.

 

[Sarenco]

I don’t see how the trustees of a charity would be acting in the best interests of the charity in entertaining a request to disclaim a bequest.

Bear in mind that the trustees of a charity are legally required to act in the best interests of the charity - there is no discretion in this regard.

It looks like the wishes of the OP’s mother, as reflected in her last will and testament, are absolutely clear.

I don’t see any reason for the OP to feel aggrieved about her mother’s decisions.

 

[Brendan Burgess]

I don’t see any reason for the OP to feel aggrieved about her mother’s decisions.

I don't think that he is aggrieved as such.

He is frustrated that his mother didn't update her will to reflect her new wealth.

I have seen this before where circumstances change radically and the will is not updated.

The lesson is that when making the will, the solicitor should anticipate the possible problem and suggest "Why not leave €2,000 to the Dogs and Cats Home and leave the residual to your two children?".

Brendan

 

[T McGibney]

I don’t see how the trustees of a charity would be acting in the best interests of the charity in entertaining a request to disclaim a bequest.

Wouldn't that depend totally on the circumstances of the bequest and most particularly of the survivors of the deceased?

"They left my family homeless by accepting our vulnerable mother's bequest" would be a poor reputational look for any charity.

There is no point having trustees if they don't have discretion to make important decisions like this.

 

[Sarenco]

Wouldn't that depend totally on the circumstances of the bequest and most particularly of the survivors of the deceased?

No, the circumstances of the disposer’s offspring are of no concern to the trustees.

Again, their legal duty is to act in the best interests of the charity.

 

[T McGibney]

No, the circumstances of the disposer’s offspring are of no concern to the trustees.

Again, their legal duty is to act in the best interests of the charity.

So if say a notorious gangster was murdered and left a significant bequest to a charity, the trustees of that charity would not be concerned with that?

 

[Sarenco]

The lesson is that when making the will, the solicitor should anticipate the possible problem and suggest "Why not leave €2,000 to the Dogs and Cats Home and leave the residual to your two children?".

Well, that assumes that the OP’s mother only wanted to make a small bequest to the charity.

The will says otherwise and we have to accept that the will reflects the mother’s wishes at the time of her demise.

 

[Sarenco]

So if say a notorious gangster was murdered and left a significant bequest to a charity, the trustees of that charity would not be concerned with that?

I don’t follow.

Could you clarify what the cause of death has to do with anything?

 

[T McGibney]

I don’t follow.

Could you clarify what the cause of death has to do with anything?

No clarification needed. You've picked a red herring.

 

[Sarenco]

No clarification needed. You've picked a red herring.

Huh?

 

[T McGibney]

Huh?

OK

So if say a notorious gangster died and left a significant bequest to a charity, the trustees of that charity would not be concerned with that?

 

[Brendan Burgess]

Guys - can you stop arguing over nothing.

The OP (who we don't think is a notorious gangster) can approach the charity and they can tell him whether or not they are allowed or are willing to disclaim.

Brendan