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I have a very sensitive question about whether I can ignore certain parts of my father’s will that I consider cruel or unfair.
My father was a kind and loving man, but also a product of his time, and he had some hardline views that only came to light after his death.
I am the executor of his will, and There are a couple of sections I’d like to ignore, if I’m legally allowed to.
Written in stone?: Contrary to popular belief, it is not necessary to carry out every part of a will, as long as there is a good reason not to, including that something would be immoral.
One of them is that he has asked for his dog, a six-year-old Labrador called Alfie, to be put down. His reasoning is that the dog will feel helpless and will not want to live without him.
Another is that she wants certain drawings made by her father to be kept only by the men in the family. Her idea is that if they are left to the women, they could remarry and the drawings would “leave the family.”
I strongly object to both points. Do I have to legally respect his wishes?
This is Money’s Sam Barker responds: I am sorry to hear of your father’s death and the loss-and-loss situation you find yourself in as executor.
You can respect his wishes and do things that you personally disagree with and consider immoral, or you can ignore those sections of the will and worry that you have not respected his final wishes.
The good news is that you can ignore any part of your father’s will that you consider immoral, illegal or impossible.
If you feel it is immoral to euthanize Alfie (and I think most people would agree), then you can refuse to do so and instead find someone who would be happy to take him in and care for him.
Likewise, your father’s wishes to give family drawings only to men may also be ignored, on grounds of immorality.
If you are the sole executor, then the decision is yours, regardless of what the other beneficiaries of the will may think.
Ignoring sections of a will can become more complicated and even end up involving the courts, for example if there is a dispute between executors and beneficiaries.
I suppose there will be no such dispute in the case of Alfie the dog, as I cannot imagine anyone arguing that he should be put down.
I also assume there will be no discussions about redistributing the drawings to anyone who wants them, regardless of gender.
But since this is such a delicate and sensitive issue, I spoke to a lawyer for expert advice.
Lisa Flaherty, an associate at the law firm Anderson Strathern, saidWhen you die, your executors are legally bound to carry out the instructions outlined in your will.
‘However, there are exceptions. A general rule of thumb about what cannot be enacted is anything that is illegal, immoral or impossible. Illegal and impossible are usually easily defined, but whether something is immoral or not can be a grey area.
‘The recent case of French film star Alain Delon, who asked for his dog to be put down and buried with him when he died, would most likely be judged immoral here in the UK.
‘There have also been cases where someone left money to a relative in their will, but on the condition that they marry a person of their choice or divorce their current spouse.
‘Both could definitely be considered immoral.
‘A fairly common request, which could be considered reasonable, is to leave a house to a family member, but only if he or she agrees to live there.
‘Some might argue that this is immoral, but there could be a justification, such as when a house has been in the family for many generations.’
Make a will right the first time
The subject of making a will and executing it is very complicated and, unfortunately, there are countless cases in which this can pose difficulties, especially due to moral issues.
In the case of your father’s will, it seems that you can ignore the parts that you consider immoral, as long as none of the people named in the will object.
But this could also be a reminder to make sure the terms of our will are legal and clear, even if what constitutes a moral will varies from person to person.
Flaherty added: ‘If you intend to include a condition like this in your will, I advise you to make your intentions explicitly clear, because leaving conditions in a will can be a minefield.
For example, if you lend someone money on the condition that they take care of your dog, in theory that person could keep that dog for a very short time and then give it away.
‘Therefore, if you want someone to care for your pet for the rest of its life, the wording of your will should specify this.
‘But what if a person has every intention of caring for their pet for the rest of its life but then it gets sick or is moved into a care facility?
“Would you still want them to receive the money? A good advisor will guide you through this process and point out any potential loopholes.”
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