Bizarre bequests make great copy but legal migraines

Updated: Tue, 09 Feb 2010 11:23:40 +0000 by alsters456

Solicitors firm Alsters Kelley is urging people in Coventry and Warwickshire to take advantage of the New Year to update their Will.
 
Tim Fillmore, a consultant in the Private Client department, says: “For most people, their Will is an afterthought, completed only when the fear of death is high on the agenda. For others, though, how they are remembered can be incredibly important. And, that often comes down to the legacy they leave.
 
“While bizarre bequests are the stuff of dreams for newspapers,” comments Fillmore, “they can create huge legal headaches for those left behind.” He explains: “The temptation when making a Will is to put in one or two bequests that remind the beneficiaries of the quirky nature of their benefactor. While it may be understandable, for example, to request that the beneficiary look after a much-loved pet when its owner dies, insisting that the house cannot be sold until that pet dies is hugely problematic.
 
“There are plenty of well-documented examples of odd bequests. They range from those such as Jeremy Bentham, who left a large fortune to the University College in London on condition that his preserved corpse annually "attend" the board of directors' meetings to the playwright George Bernard Shaw who bequeathed millions to the person who could come up with a better alphabet.
 
“Mark Gruenwald, of Marvel Comics, even left instructions in his Will for his heirs to blend the ashes of his body with ink and use the mixture within the pages of a comic book and 4,000 copies of Gruenwald's 'ink-and-ashes' edition were distributed in 1997.
 
“The amusement factor is certainly there but not necessarily for the families of those affected. Of course, it is entirely possible for a beneficiary to reject the gift left to them but a much better solution is not to include it in the first place,” said Mr Fillmore.
 
“We see many clients over the course of a year and thankfully their wishes are not as extreme as these examples but occasionally we get slightly unusual instructions.
 
“When we do come across someone who wants to do something a little unusual, we will talk through the practical consequences of that bequest for the family left behind, and we can certainly have fun discussing the matter. However, a gift can also fail if its interpretation in the Will is not clear and certain. We do not wish to be killjoys but people need to understand just what they are asking.
 
“Keep the eccentric side of life for while you are living is always our advice,” concludes Mr Fillmore.