All Wills are subject to challenges from a member of the Will maker's family or other dependants who are recognised under the legislation as 'eligible persons'.
Justice Peter Young is renowned for requiring a Will maker to address his responsibilities towards his immediate family (charity begins at home) before making a bequest to an external charity.
If a challenge is brought by a family member against the gift which has been left to a charity, it is often the case that the charity will be required to forgo part of its bequest. Rather than defend the claim in the Supreme Court (where costs will be paid out of the estate) we would recommend settling the claim as early as possible.
To avoid such claims, a charity should encourage a Will maker to explain to all family members how the Will has been written and why the charity has been included. Obviously, if other beneficiaries have an interest in the work of the charity, there is less likelihood that its gift will be challenged. Will makers should be open and confident in the discussions they have with their family members. They should also be encouraged to alert the charity to the bequest that has been made in its favour, notwithstanding that any bequest made can always be revoked in a subsequent will.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.