Bequest to a family member, then conditionally to charity
Querist :
Anonymous
(Querist) 13 March 2025
This query is : Resolved
Hello, is the following wording, in a Will, clear in this regard:
"I hereby bequeath and devise all my movable and immovable property to my ... (name and details of family member)"
Then later on:
"In the event, ... (name of the family member) ... does not leave behind a will of their own regarding my assets, all my assets shall be bequeathed for charitable causes. .... (Details of the charitable organisations and purpose of bequest to charity) ..."
• Is this wording sufficient and clear that the assets are first to be bequeathed to the family member, and in the absence of any Will of the said family member regarding the assets in question, the assets would be bequeathed to charity?
• Please suggest if any modification should be done.
Sorry for being anonymous, but it's important.
kavksatyanarayana
(Expert) 13 March 2025
If the family member does not leave a will for the assets that shall be bequeathed to the Commissioner of Charity, it shall be mentioned.
T. Kalaiselvan, Advocate
(Expert) 13 March 2025
You can consult an advocate having expertise in this field to draft the Will properly and in the manner that would be recognised as legally valid by using correct and appropriate legal phrases as recitals in the Will.
You can choose an advocate either from this forum or outside.
Dr. J C Vashista
(Expert) 14 March 2025
The condition stating, inter alia, that, "In the event, ... (name of the family member) ... does not leave behind a will of their own regarding my assets, all my assets shall be bequeathed for charitable causes. .... (Details of the charitable organisations and purpose of bequest to charity) ..." is vague and not clear, whereas the property has to be bequeathed in uncertain and clear terms.
It is better to consult a local prudent lawyer before finalisation of the document.
P. Venu
(Expert) 14 March 2025
Such conditions binding the legatee is, in my understanding, void.
Querist :
Anonymous
(Querist) 15 March 2025
Thanks for the replies. The condition is being thought of to deal with the scenario of the legatee passing away intestate.
As an alternative, it can be specified in absolute terms that the assets shall be bequeathed to charity, after the legatee. However, that was being avoided as it would preclude the legatee from having an option to bequeath the assets as per their own wishes.
Kindly inform what is suggested, as such?
It would also be appreciated if any clearer phrase to express the bequest from family member to charity can be shared.
Moreover, I wanted to know if it is needed to mention Commissioner of Charities, over directly naming the charitable organisations in whose favour the bequest is being made.
A local lawyer can be consulted in the end. Thanks.
T. Kalaiselvan, Advocate
(Expert) 15 March 2025
When a legatee (the person named to receive a gift in a will) dies before the testator (the person who made the will), the legacy generally lapses, meaning it doesn't go to the legatee's estate and instead becomes part of the residue of the testator's property, unless the will specifies otherwise.Â
Therefore you may recite the conditions that the bequeathed property shall pass on to the charity or trust if the legatee predeceases testator.
P. Venu
(Expert) 15 March 2025
Are you the testator? If so, how exactly do you wish to bequeath? is it that that legatee shall only have have a life interest and after his lifetime, the property should devolve in accordance with your wish?
Querist :
Anonymous
(Querist) 15 March 2025
Thanks for the replies. The scenario of legatee's demise predating the testator's also came to my mind. I had originally thought a fresh will could be made, if needed, but it seems specifying this scenario in the original Will right away would be better.
The testator is a good friend. He wishes to bequeath his assets to a family member, but fearing that the family member may not be able to make a Will of their own, he wishes to deal with that scenario by specifying that after the demise of the said family member of his, the assets would then be bequeathed to charity, unless specified otherwise in a Will left behind my the family member (legatee for the original Will).
The legatee should have a life interest, but also an option to further bequeath the assets as per their own wishes, if desired.
T. Kalaiselvan, Advocate
(Expert) 15 March 2025
The testator who bequeaths the property in favour of beneficiary actually expresses his desire to transfer his property in favour of the beneficiary, however the testator cannot force any condition on the beneficiary to further bequeath the property to any public charity trust, it will be a decision to be taken by the beneficiary suitably as per his own will and wish.
However the testator has a right to cancel or revoke the Will during his lifetime.
Don't get confused over unnecessary legal jargons, instead you can pass on instructions to an experienced deed writer or an advocate having expertise in this field to incorporate your desire in the proposed Will in the legally valid manner.
Querist :
Anonymous
(Querist) 16 March 2025
I wish to clarify that the testator in this case is just trying to provide an option to the legatee (family member) to further bequeath the assets to anyone of his choice, without being forced.
It is only the scenario where, after initially receiving the assets, the legatee does not further bequeath the assets to anyone through a Will of his own, that the original testator is trying to address in the initial Will, which is through bequest to charity, in this case.
The clause regarding the bequest to charity is only a way to deal with the scenario that, after the legatee initially receives the assets from the testator, the legatee later on passes away intestate, in that scenario the assets go into the right hands (charity).
If even this is not permitted in the law, then there is no choice with the initial testator but to first bequeath the assets to legatee (family member), and further state that, after the legatee's (family member's) demise, assets be bequeathed to charity, in absolute terms.
T. Kalaiselvan, Advocate
(Expert) 16 March 2025
If the beneficiary/legatee survives the testator, then the condition of the testator forcing the legatee to further transfer the bequeathed property to a charity by a recital is not binding on the beneficiary because once the Will is enforced the beneficiary becomes the absolute owner of the property transferred to him by this testamentary disposition. Hence as an absolute owner the beneficiary cab very well take any decision of further transferring the property tio any third person or if dies intgestate then the property shall automatically devolve upon his own legal heirs.
If the testator apprehends the situation in future as what has been stated here, then he may better refrain from making this transfer in the name of the beneficiary and instead can transfer the property directly to the charity trust as per his desire, there is no restriction on him to do so.
You may have lot of desires in this regard, but your desire is to be brought under legal frame if at all you want to make sure that your desire is fulfilled legally.
Querist :
Anonymous
(Querist) 16 March 2025
The situation to deal with execution of the original Will, in favour of charity, in the scenario the initial legatee dies intestate, was to be handled by a specific executor in that scenario, ensuring the assets are distributed as per the Will of the original testator. (It may be added that the initial legatee -"family member"- could himself be the executor for the bequest in his favour)
Considering the law seems to permit bequest to a beneficiary for life, then to another beneficiary after that, making the first beneficiary only have a life interest in the assets, this line of action formed the basis of making the Will as being discussed.
It seems that may have to be done in absolute terms, leaving no scope for the first beneficiary to have an option to bequeath the assets to anyone as per their own wishes.
I wish to reiterate that the first beneficiary was not being forced to bequeath to charity through his own Will, in any case.
T. Kalaiselvan, Advocate
(Expert) 17 March 2025
Instead of repeating your question in different forms and stretching the thread meaninglessly, especially neither understanding your own question nor getting convinced by the different answers it is better to close this thread and have a paid consultation with an expert lawyer directly to get all your doubts clarified properly.
Querist :
Anonymous
(Querist) 17 March 2025
I had initially stated the facts clearly, but I still had to reiterate multiple times in detail. My query was the same throughout, so there is no question of me not understanding my own query. Wherever the issue was it was apparent. It may be added that I had asked some questions to other experts pursuant to their responses, while appreciating the same.
I'm afraid to say that such response from an expert would not be exactly appreciated by the readers, who can be potential clients.
