Skip to Main content

Search results for ''...


Sorry, there were no results

Newsletter sign up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Newsletter sign up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

  • Overview

    A recent High Court judgement (Knipe v British Racing Drivers’ Motor Sport Charity and others [2020] EWHC 3295 (Ch)) has highlighted the importance of ensuring that great care and attention to detail is taken when drawing up a will which includes legacy gifts to charities.

    The ruling relates to the will of a retired racing driver Barrie Williams, who passed away in 2018. The will included legacies to the ‘British Racing Drivers Club Benevolent Fund’ and the ‘Cancer Research Fund’. While that may seem like a fairly straight forward request, problems arose as there are no charities in existence with those exact names.

    This meant the executor of the estate was not able to go ahead with payment of any legacies until the court resolved the issue of who was entitled to receive the gifts the will made. 

    The High Court ruling says the first gift was most likely intended for the British Racing Drivers’ Motor Sport Charity, an organisation with which the former racing driver had a long-standing connection.

    However, after taking into account evidence from the executor, the court decided that in terms of the ‘Cancer Research Fund’ the legacy was to be applied for the general charitable purpose of cancer research.

    Commenting on his decision, Justice Paul Matthews said: “Even if I were wrong, and it were intended to refer to a particular institution, on this material it is clear that the identity of the particular institution would not be critical to the gift.

    “Given the existence of other charitable elements in the will, there would be no difficulty in discerning a general charitable intent in this case.”

    This case shows just how vital it is for individuals to ensure that their will is correctly drafted. A lot of time, money and effort can be saved by double checking fairly simple details.

    It is also a good warning for charities to provide guidance on this issue when they ask supporters to consider including a legacy in their wills.

  • Related Services

    Wills, gifts & other applications

    Our Court of Protection team is one of the most experienced in the country in advising deputies and attorneys on formal applications for gifts, wills and property transactions, such as applying to the Court for authority to replace a co-owner of a property who has lost capacity.

    Inheritance, will & trust disputes

    Contentious trusts and probate is a legal term used to describe disputes over inheritance, wills or trusts. It is a specialist and very technical area of law. That is why it is important to have an expert on hand.

    Charities & Not for Profit

Newsletter sign up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

^
Jargon Buster