Probate Management

[harryj]

A friend with no living relatives recently passed away and along with another friend we have been Executors of his will.

The Estate is under £325k and a large amount has been awarded to Charities and Bowls Clubs.

We are now in the final stages and almost ready to distribute the estate funds completion of the property sale will take place in the next week or so.

The issue we find ourselves dealing with is that the Recreation Club has now been sold for redevelopment and the Bowling Section has now folded and no longer exists but there is gift made in the will to this bowling club

There is a rumour that the players of one of the teams may play under the same team name albeit at a different venue.

I do know that the deceased would only wish this grant to be fulfilled if the club existed at the venue now sold.

The will contains a caveat about redistribution of funds if a beneficiary does not exist

This has happened unexpectedly and initially would appreciate opinion or advice.

[AGoodman]

The default position is probably that the legacy fails but this can be a very technical area and the answer may turn on specific details. It would be wise to take some professional advice.

A legacy has to be made to a thing/person/charity and a sports club may well be an unincorporated association. If the association has folded, it will no longer exist.

[harryj]

Thanks much appreciated

[cliffordpope]

Surely a will has a default clause specifying what should happen if any of the beneficiaries die or cease to exist?

[maths]

Often, yes but not always.

In the absence of any such clause a failed legacy falls into residue and a failure if residue leads to a partial intestacy.