Areas of Law / Wills and Probate

My wife was given £500 in someone’s will for the “upkeep and maintenance” of her pets. We were unable to take care personally of the two pets ourselves since we have pets of our own, but we have found them a good home. Will my wife be entitled to the money or not?

It depends on the wording in the will. If the gift is “£500 to X with the request that she shall use the money for the upkeep of my cat” your wife will receive the money and can choose whether or not to respect the request. But “£500 to be used for the upkeep and maintenance of my cat” would probably be considered a gift “on trust”, which would make it invalid, since a gift must have human beneficiaries. The executors may decide to pay your wife whatever the wording.

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