Ensuring that charities receive all that they are entitled to in respect of a legacy, and managing the process, is an important part of our services to charity clients.
Problems with charitable legacies:
- Validity of gifts – we can advise on the validity of a Will, or of a charitable legacy, in the event of uncertainty, poor drafting, or mis-description of the intended charitable legatee
- Inheritance Act claims – charities can have interests in estates subject to claims under the Inheritance (Provision for Family and Dependants) Act 1975. These may be substantial and good advice on the merits, and the strength of the charity's position, is vital
- Other estate claims – issues can arise where there is the possibility of fraud, undue influence or proprietary estoppel, which can impact significantly on the distribution of the estate and the extent to which charitable beneficiaries benefit
- Difficult executors – for charitable beneficiaries to receive all they are entitled to, in a timely fashion, good estate administration and proper activity by the executors is essential. Where this is not happening, we can advise to help ensure due administration
- Needs of charity beneficiaries – not all those managing an estate understand the position or the requirements of charity beneficiaries. We can advise on how the estate should be administered, to avoid unnecessary tax, and on claims where there have been failings in this area or in the drafting of the Will.
For further information please contact one of the team.