Making a Will - why be allowed put in conditions that are unrealistic?

[pwhack]

Hello all, I have followed AAM for many months but this is my first time joining in. Excellent Website by the way

I have a question about putting conditions in a Will that are never going to work.

Background:
My fiancé is named as a beneficiary in a Will. One stipulation in the Will is that each beneficiary who is receiving a Cash Sum is to receive it within 6 months of the date of death. At this stage over 19 months have passed but no beneficiary has received a cent.

Question:
My question is this, why would this solicitor, who drafted the Will, have allowed the disponer to make such a stipulation if there was no chance that it was going to be fulfilled in reality? He knew how complicated the Will was when he drafted it. What would be the point and does it have any tax implications for those who incur a CAT liability?

Thanks very much

 

[mf1]

What difference does it make?

Should your question not be - why is it taking so long for Probate to come through?

My clients want to put all kind of odd things in their will - I can advise them all I like but in the end they will do whatever they want and if they want a 6 month stipulation in their will, why not?

The beneficiary should ask the Executor for an update. Mostly, unless there is some ghastly complication or downright negligence from an Executor or a solicitor, there will be no CAT implications and most executors are keen to deal with the Estate as quickly as possible to avoid any liabilities arising. Mind you, you get some right eejits be they Executors or beneficiaries who have some real cackhanded view of the world.............

mf

 

[FKH]

There was probably a reason for it at the time as executors put strange things in wills. Saw one where an old person had about 4 pages of directions as to who was to get bits of her furniture. They probably spend ages thinking of who should get what etc but the whole lot went into three skips as no beneficary wanted their share. People do what they want in wills as it's effectively their final document.

The gifts may not be invalid depending on what the will actually says, it may have been the wish of the testaor that the giftf be paid as quickly as possible.