Taking time to update the charitable bequests in your trust or will can feel like a minor task compared to the constant demands of daily life. However, neglecting to make necessary updates can lead to unintended and often severe consequences.
Consider the case of A.B. Branan, whose charitable bequests caused a legal battle that lasted five years after his death. When Mr. Branan executed his will in 1992, he left a charitable bequest to the Cordele Georgia Area Y.M.C.A. Unfortunately, the following year, the Cordele Y.M.C.A. faced financial difficulties and lost its authorization to operate Y.M.C.A. programs. Although it continued to exist as a legal entity, it functioned only to liquidate assets and pay off debts. Meanwhile, the Albany Y.M.C.A. took over all Y.M.C.A. activities in the area.
In 1994, Mr. Branan instructed his attorney to draft a codicil to change the bequest from “Cordele Y.M.C.A.” to “Albany Y.M.C.A.” However, despite his intention, he never signed the codicil before his passing in 1995. This oversight resulted in a prolonged legal dispute between the two Y.M.C.A. organizations, each claiming the right to the bequest.
When charitable gifts are involved, courts often turn to the doctrine of “cy pres” when a donor’s original intent is no longer practical due to changes in circumstances. Derived from the French phrase meaning “as near as possible,” cy pres allows the court to interpret a donor’s charitable intent and create a solution that best aligns with that intent under the new circumstances.
In Mr. Branan’s case, the court ruled that since the Cordele Y.M.C.A. still existed as a legal entity, it was entitled to the bequest, despite no longer operating as an active Y.M.C.A. organization. The court emphasized that if Mr. Branan had wanted the Albany Y.M.C.A. to receive the gift, he should have updated his will before his death.
Mr. Branan’s situation serves as a cautionary tale—one that could have been avoided with a simple review and update of his charitable beneficiaries. To prevent similar issues, it’s crucial to periodically revisit your estate plan to ensure your charitable bequests align with your current wishes. Organizations can change names, purposes, or even cease to exist, as in Mr. Branan’s case. Additionally, your personal circumstances or priorities may shift over time. For instance, if a loved one develops a serious illness, you may wish to direct your charitable gifts to support research or care for that specific condition.
An estate planning attorney can assist in ensuring your charitable wishes are carried out as intended. By scheduling periodic reviews of your estate plan, you can keep your bequests up to date and avoid potential legal conflicts after your passing.
From the desk of Attorney Brandon McGee
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