Conditions in a will

[Hakunatomato]

DH and I looking to get our wills done. Total estate including house and investments just under a million.

We want to leave around £10k to a niece and nephew, and BIL, who will be appointed executor we will leave £50k in recognition of having to sort out house sale etc. The rest of the estate we want to leave between a local hospice, and the dogs trust.

I have heard of people who have left very large bequests to charity, and once the charity is notified of this, they get quite brutal and put pressure on the executors to force through house sale and finalise things as quickly as possible so they can get their money, which is understandable as charities are cash strapped.

We would like to give BIL time to properly clear the house, distribute small things to people (with very low/value, apart from sentimental) and put the house on the market.

Is there any way we can instruct this to be done with no pressure from the charities and in his own time, say 6 months to a year? Has anybody written this into their will?

I believe my DPs have it written in their will that if any charity takes action to get more / speed things up, then they get nothing and their bit goes to others. Don't know the wording but DF was concerned about just the points you raise.

Talk to a solicitor.

Think really carefully about leaving to charity.
There are examples where leaving % or £ value has backfired.

Example
Had £500k in assists and left £10k to a charity and the rest to the family
Then care home fees meant there was only £13k left. The charity for £10k and the family £3k

Had £100k at time or writing will and left £10k x 9 to family members and the rest to a charity. by the time they died it was worth £300k and the charity got £210k- far in excess of the original 10% intended.

Inheritance tax may be an issue but if you trust your brother in law then could it be that he gets to chose the charities after you die?

You need to exclude the household contents and personal items or they will get those and will make them be publicly sold with no option for the family to have any or even buy them, no consideration of any sentimental value

I wouldn't be an executor and clear a house for £50k especially fifth rest was going to potentially aggressive charities. Has he agreed to this?

Watch out for the charity wanting their share of everything even personal family items. My uncle left a % in his will to each of three charities, I'm sure he expected them to have their share of the cash and the house, but they can demand a valuation of everything and take their %. We had to buy back family items from probate that we wanted to keep which I'm sure was not his intent. I certainly no longer intend to give a % to charity, maybe a fixed sum, although that has it's problems if the estate is more or less than expected when you made the will.

I would also be pretty pissed off if my brother left his money to charity rather than my children and so wouldn't be very minded to be executor for someone who clearly didn't value or care for my children.

£10k just about buys a 2nd hand car. It is actually more insulting than leaving them nothing. It says - I have put your the will so that you can't contest it but really I don't value you at all and so I don't want you to have my money.

How would the charity even know they had a legacy in someone's will?

Better to give to charity while you are alive perhaps

Yes charities can be really nasty when it comes to wills. They will not hesitate to prosecute an individual if they think they have made a mistake. For some individuals who were just doing their best and haven’t got the money for legal representation this can be disastrous. We were executors for an estate that was going to charity and the solicitor , who was used to dealing with trusts, charities etc informed the charity at every stage. He said they are usually ok if you keep them informed. You could word your will so that your BIL cannot be prosecuted.

You could both die in a nursing home and have nothing to leave!

It's a lot to expect Bil to care about donating your money to charity when you're dead. Do it before you die. I don't really trust where the money exactly goes in these charities either.

Wwf ended up with more than me and dc when a relative died....

I've heard enough stories of the type shown here that I won't leave a penny to a charity in my will. I have increased my giving while alive.

In your case I'd write a letter of wishes to go with my will that I'd want a substantial amount given to those two charities, perhaps with a suggested guide figure, but would leave the residue of the estate and the responsibility to do this to the executor.

I couldn't prioritise dogs (or more likely the ceo salary of that charity) over my family.

I read on here once that your will is the last thing you will ever say to those you leave behind. You're throwing breadcrumbs.

Some charities are brutal when it comes to bequests. My advice would be to donate a sum. IME, a famous animal charity (I won’t name them as their legal team are terrifying) were ruthless when my DGM died and because she left a % of her assets to them, they demanded everything be sold - as pp have said, we had to buy back sentimental jewellery.

Yeah if I was bil id tell op to shove off

Charities are brutal and don’t care about people needing time, they often have expert lawyers. Would you trust your Brother as Executor to donate money after everything has been sorted.
@WallaceinAnderland they do find out somehow, after Probate has been issued, they can see people’s Wills and see if their charity is mentioned.

Think of charities that are not so corporate. There are some really good ones doing great work who would really be able to use some money to continue their good work.

Do you have a backup plan in case BIL dies first? Or decides he doesn't want to be executor and steps down? Does he still get 50k etc?

So sad that you want to leave so little of this to your family.

I have known three people who left part of their estate to charity. In each case the charities were absolutely brutal and money obsessed. My DF left a modest sum to the BHF to be paid when DM died. They would not stop hounding the executors for the money. In the end solicitor advised paying them off. It was absolutely awful.

We don't know the OPs family situation. Maybe they don't like each other very much.

Then she probably wouldn't be naming him executor if that was the case.

Hi OP,

I would advise getting a lawyer to word the terms of your wishes. They will know how to cover themselves but ensure you wishes are followed.

Then they should appoint someone else as executor

Oops meant to quote @Overthebow

Mil apparently had a clause on her will that says none of her four dc get anything if they put her in a nursing home.

Jesus. What a cow.