Heir's Obligations

My grandfather died a few years ago and in his will he instructed his three sons to each pay my grandmother $20,000. My father is unemployed and barely survives doing casual work. He does not have that money to give my grandmother. What does the law say about this?

As a rule a person who dies can request, in his will, that his heirs behave in a certain way with money or other property they receive from the estate. However, this only relates to money they receive from his estate. Thus, a son who is a beneficiary in a will is only obliged to transfer a sum of money requested by the deceased from what he inherits from the estate. He is under no legal obligation to pass on money that he does not inherit from the estate. Furthermore, if he does not fulfill the obligation, his inheritance is not cancelled, although a testator can, if he chooses, specifically word the instruction so as to make the inheritance conditional upon fulfillment of the obligation.

Can a testator make a stipulation in his will that the beneficiary must perform a certain act with his share of the estate?

Yes! He can give an instruction that the testator must or must not do with the inheritance he receives under the will.

Who can demand that a beneficiary fufil the obligations imposed upon him by the testator in the will?

A person who has an interest in the obligation being fulfilled, or, if it is connected to a public matter, the Attorney General.

What is the difference between an instruction in a will setting a condition and one setting an obligation?

Non-fulfillment of a condition is likely to result in cancellation of that beneficiary's part of the will, whereas with non-fulfillment of an obligation the beneficiary retains his share of the inheritance, but an interested party can bring legal action for him to fulfil his obligation.

What options exist for a beneficiary who is not interested in fulfilling an obligation set under a will?

Chosing to fulfil the obligation and receive the inheritance under the will, or not to fulfil it, and losing out on his share .

What can be done if a beneficiary does not fulfil his/her obligation under a will?

An application can be made to court for an order ordering him/her to act or refrain from acting in a certain way, or to do anything appropriate, depending on the circumstances.

What happens if the testator obliges a beneficiary to perform an illegal action in order to get his inheritance?

The instruction obliging the beneficiary to perform an illegal act will be cancelled, but he will be entitled to the inheritance.

Can a testator oblige a beneficiary to purchase particular equipment for a third party who is not a beneficiary , from the inheritance he shall get?

Yes! A testator is perfectly entitled to bequeath property to a beneficiary and yet demand that he purchase something for a third party who does not gain under the will from the inheritance he gets.