Hi my question is on behalf of my grandmother, which has recently grown more concerned of the welfare of her children, after her death. She has two children with severe illnesses, one with a mental disability, the other with a physiological. In the year of 04, she signed over a trust to a, congregation for tzedakah, which includes her property, to be given to them after her passing. She is know very regretful of the fact, that her two children who are ill will be left to fend for themselves, and their illness. she wants to know if their is a possibility, to retract her offer and take back, the only thing she has to leave them.
She can certainly retract.
In terms of monetary law, she simply needs to make a new Will and Testament and bequeath her estate as she sees best. She should write that this supersedes and previous signed declarations. Of course, she should also notify the trust of her decision.
The other issue is the question of Nidrei Tzedakah. Because bequeathing to one’s children (in the case of the question), who I understand will also need the money, is also a charitable contribution, there is also no need for hataras nedarim.
Changing from one charity to another, where there is no specific poor individual who was singled out, is permitted without need for hataras nedarim.
The trust however is irrevocable, if and I know they will, oppose her current wishes, is it possible to take them to beis din as well?
Yes, you can try. A person always retains the right to bequeath his property as he wishes after his passing, and this cannot (generally) be limited by means of agreements.
Best wishes again.
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