Can You Challenge a Gift Made to a Charity in a Will?

When we think of will contests or probate court disputes, we often think about two people, usually family members, one of whom is upset that the other received something through the will that the other didn’t think he or he should have received.

But it doesn’t always work that way. Sometimes, a party to a will contest on probate court, isn’t a human person at all; it’s a charity.

Why Leave Assets to Charity?

It isn’t uncommon for people to leave property in their estate, to a charity or a nonprofit organization and there are a lot of benefits to doing so. But sometimes, this leads to will challenges, especially if the charity is receiving what is perceived as a disproportionate sum from the state, while human beneficiaries might receive less than the charity received (or nothing at all).

This may leave the human beneficiaries to challenge the will, specifically, challenging the distribution or gift made to the charitable organization.

Was it Legitimate?

When people leave what seems to be unreasonably large gifts to charity, it can be hard to tell if the gift was so large that clearly the settlor (the deceased who made the will) was not of sound mind, or whether the settlor genuinely loved and wanted to care for that particular charity.

In more nefarious situations, a charity, through its members, may have exerted unreasonable and undue influence on the deceased, in order to coerce him or her to leave assets to the charity in the will.

Obviously, a gift to a charity that the deceased had a long and well known relationship with or a passion for, is more likely to be a legitimate gift. But there are times when out of the blue, family of the deceased is shocked to learn that a large inheritance was given to a seemingly random and to them, unknown charity out of nowhere.

Can it be Challenged?

The mere fact that assets were given to a charity, doesn’t mean that there is any irregularity or anything to challenge.

Beneficiaries seeking to challenge a gift to a charity, must either show undue influence, some kind of coercion, diminished mental ability of the deceased, or some irregularity in the will, the typical reasons that wills are challenged no matter who is challenging them.

Be Clear

If you’re thinking of giving property to a charity, and you are concerned that relatives may not like it or may disagree with it and may challenge it, you can include a letter of administration or explanation with your estate documents. This is just a letter explaining what you are doing and why, and by using this letter, you are telling the world that you knew what you were doing and were of sound mind when you did it.

Challenge in probate court? Ask us about what you can expect. Call the West Palm Beach probate lawyers at The Law Offices of Larry E. Bray today for help with your probate law case.

Source:

nerdwallet.com/article/investing/estate-planning/contesting-will