26 August 2016

Go ahead – make my day

Wills, Powers, Estates & Family Provision Claims
Federal

Asked

Re: Drafting will - gifts clause

Can you direct an executor to give a specific gift to a person (e.g. gun) provided that they have a licence and, in the event that they do not have a licence, direct the executor to sell the gun and for the proceeds to form part of the residual estate? In other words, are there any limitations on directing executors to sell goods? Does this need to be left to the executor's discretion?

Answered

Thank you for the question.

Gifts can be conditional. There are limitations in some circumstances but not in the one you describe. It would be prudent to set a time limit on obtaining the firearms licence.

For an interesting case on this subject see Hickin v Carroll & Ors (No 2) [2014] NSWSC 1059.

Regards

Mentor