Help - named as a beneficiary with a request attached - my rights?

[cracker47]

Re: Help - named as a beneficiary with a request attached - my rights?

The friend of our family was just that a friend , no relation at all. He was a wealthy man who was just very charitable, he always had a soft spot for me as I was growing up...we attended the same Universities. It was believed a shark ate him one day when swimming....no body or trace ever found....
My son was an adult at the time in his twenties...when my friend died. I believe he had given some help to my son, which I was not privy to, as it was not my place to ask or enquire...I have always just done my best and not been a spendthrift, just conservatively helpful to him every month within reason...he has suddenly decided to want to go to USA to do a masters- I think he should be working now...25 soon....but he is insistent that this opportunity will create a job/future? Unfortunately, my brother spilt the beans on the will recently, so he now knows how much was involved. And that is why he is having a go at me...as he feels he is entitled to all the money now.....? That being the question in moot- is he able to challenge me legally...for the balance. The reason I did not disclose to him the legacy was to avoid the very conflict I now find myself in...ironic it seems..

[des8]

Re: Help - named as a beneficiary with a request attached - my rights?

I'm pretty certain a "wish" does not create a binding formal obligation.
A couple of years ago the RSPCA (I think) came in for some stick as they sold a plot of land for development. Apparently the testator had "wished" for the land to become a nature reserve.
This does not appear to be a contingent legacy ie a legacy with a condition attached, but rather a legacy with a wish attached.

[cracker47]

Re: Help - named as a beneficiary with a request attached - my rights?

Went to the solicitor today...feel a lot better, as no action can be brought against me, as wishes an requests are not legally binding in a will, certainly not in the UK. So you are all right in your prognosis of the situation...however she was not sure as to how the legal system works in SA , but thinks the self same applies there too.(will was issued there) She did say that I should wait for them (son et al) to make the first move, if legal action would be forthcoming...she said it would be a costly affair if they did and then all the money would ultimately land up going on legal fees and there would be nothing left..so a no win situation for anyone...however my family have essentially disowned me as the bad guy....more threatening emails tonight....but I have been strong and not responded to any texts or emails....but still sad nevertheless...as I cant defend my decisions/standpoint without stoking the fires....and making things worse...if they can be....a very sad time indeed. If legal action is to come...it seems it will come from abroad...the thought is not pleasant as it sounds very expensive as one still has to defend a case , if one is attempted....so a degree of less stress tonight...as I await more fallout.....

[des8]

Re: Help - named as a beneficiary with a request attached - my rights?

Thanks for keeping us up dated.
How sad for you. You do your best, stay within the law and end up being vilified by those who should be supporting you.
What is it about wills and money that causes these situations? Sometimes I think we'd be better off if no one was allowed to inherit anything and it all went back to the pot.