Charitable bequests are a way for people to leave a legacy and support causes they care about after they’re gone. But not every gift to charity makes it through probate court. Sometimes, even well-intentioned donations get blocked or thrown out. This can surprise families, frustrate charities, and leave everyone wondering what went wrong. If you’re planning to leave money to a charity in your will, or you’re an executor handling an estate, it’s important to know why some charitable bequests are being rejected in probate court. Here’s what you need to watch out for and how to avoid common pitfalls.
1. The Will Is Not Legally Valid
Probate courts can only honor charitable bequests if the will itself is valid. If the will wasn’t signed properly, lacks witnesses, or was made under suspicious circumstances, the court may reject the entire document—including any gifts to charity. For example, if someone wrote their own will at home and didn’t follow state rules, the court might toss it out. This is a common reason why charitable bequests never reach their intended recipients. To avoid this, make sure your will meets all legal requirements in your state. Working with an estate attorney can help you get it right the first time.
2. The Charity No Longer Exists
Sometimes, people leave money to a charity that has closed, merged, or changed its name. If the charity named in the will doesn’t exist when the person dies, the court may not know where to send the money. In some cases, the court can redirect the gift to a similar organization, but this isn’t guaranteed. If the will doesn’t include a backup plan, the bequest might be rejected. To prevent this, check that the charity is still active and use its full legal name. You can also add a clause in your will that lets the court choose a similar charity if your first choice is gone.
3. The Bequest Is Too Vague or Unclear
Probate courts need clear instructions. If a will says, “I leave money to cancer research,” but doesn’t name a specific charity, the court may not know what to do. Vague language can lead to confusion, disputes, or outright rejection of the bequest. The same goes for unclear amounts or conditions. For example, “I leave a large sum to my favorite animal shelter” isn’t specific enough. To make sure your wishes are followed, name the charity clearly and state the exact amount or percentage you want to give. Avoid using nicknames or general terms.
4. The Bequest Violates State Law
Some states have rules about how much you can leave to charity, especially if you have a spouse or children. If a charitable bequest cuts out required heirs or goes against state law, the court may reduce or reject it. For example, in some places, you can’t disinherit your spouse completely. If your will tries to leave everything to charity and nothing to your spouse, the court may step in. It’s important to know your state’s laws about inheritance and spousal rights. An estate attorney can help you structure your will, so your charitable bequests are honored.
5. The Charity Can’t Accept the Gift
Not all charities can accept every type of gift. Some bequests involve property, stocks, or unusual assets that a charity isn’t set up to handle. If the charity can’t accept the gift as written, the court may reject the bequest. For example, leaving a vacation home to a small local charity might not work if they can’t manage or sell real estate. Before making a complex bequest, talk to the charity to see what types of gifts they can accept. Many organizations have gift acceptance policies you can review.
6. The Bequest Is Contested by Heirs
Family members sometimes challenge charitable bequests in court. They might claim the person was pressured, didn’t understand what they were doing, or was not of sound mind. If the court finds evidence of undue influence or lack of capacity, it can reject the bequest. These disputes can drag on for months or years, draining the estate and delaying gifts to charity. To reduce the risk of a challenge, talk openly with your family about your wishes. Consider including a letter explaining your reasons for the bequest. You can also add a “no contest” clause to your will, which discourages heirs from fighting your decisions.
7. The Will Is Outdated
Life changes, and so do charities. If you wrote your will years ago, the information about the charity might be out of date. The charity’s address, name, or mission could have changed. Outdated wills can cause confusion and make it hard for the court to carry out your wishes. Review your will every few years and update it as needed. This helps ensure your charitable bequests are still relevant and can be honored by the court.
8. The Bequest Fails IRS Requirements
For a charitable bequest to be tax-deductible, the charity must be recognized by the IRS as a qualified organization. If the charity doesn’t meet IRS standards, the court may reject the bequest, or the estate may lose valuable tax benefits. Always check the charity’s tax-exempt status before including it in your will. This step can save your estate money and make sure your gift goes where you want.
Planning Ahead for a Smooth Probate
Charitable bequests can make a real difference, but only if they survive probate court. The best way to protect your wishes is to plan ahead, use clear language, and keep your will up to date. Talk to the charities you want to support and make sure they can accept your gift. Check the legal requirements in your state and get professional advice if you need it. With a little extra care, you can help your charitable bequests reach the people and causes you care about.
Have you or someone you know faced challenges with charitable bequests in probate court? Share your story or advice in the comments.
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