If you are involved in a charity and legacy dispute, our experienced Will, Trust and Estate Disputes team will help guide you through the options available. Offering you a helping hand during this difficult time, our specialist lawyers will help you get the right outcome for you.
As a result of the coronavirus pandemic and the cost of living crisis the country has endured, there has been a significant rise in the need for charitable services for people to get by. With this, there has also been an increasing lack of resources to enable charities to meet this growing demand. As a result, charities have seen a surge in the number of charitable gifts being left in wills.
In our experience, it is not uncommon for gifts left to charities in a will to be disputed by family members of the Deceased person.
You may be a trustee of a charity that is a beneficiary under a will that is being challenged.
Alternatively, you may be a family member of a deceased person who has surprisingly left a large proportion of their estate to charity. Either way, it is important that you receive clear, specialist legal advice as soon as possible, so that any legacy dispute can be resolved quickly and efficiently.
We support and represent many local charities, and we understand that, whilst every charity is unique, they all have a common need for resources, support and funding. Many of our team members are also trustees of local charities, meaning that we understand the obligations and challenges that trustees in these settings have. We can use this experience to offer guidance and support to charities and their trustees as well as expert legal advice and representation.
How our charity and legacy solicitors can help you
We provide a comprehensive range of services to help resolve inheritance disputes as smoothly as possible. Our team of compassionate, friendly solicitors offer support to charities and individuals and will provide bespoke advice tailored to each unique situation.
We are able to advise you in relation to:
- Bringing or defending legacy disputes
- Claims relating to the validity of wills
- Maladministration claims against personal representatives
- Removal of executors and trustees
- Breach of trust claims
- Rectification claims of an erroneous will
- Court of Protection claims relating to statutory wills
- The powers and obligations of trustees and their organisation
We will help to guide you through the entire process from start to finish, either towards an agreeable settlement or to trial if required. We will always keep you fully updated about the costs involved, and give you clear advice regarding the practical alternatives to litigation that may be available to you as a means of resolving the legacy dispute, including mediation.
Frequently asked questions
A charitable legacy is a gift left to a charity in a person’s will. This could be:
- A sum of money
- An item or property
- A share of the Residue of Estate (what is left after other gifts have been given to loved ones)
You have two options when leaving a charitable gift. You can either name a specific charity or charities in your will, or, alternatively, you can leave it up to the trustees of your will to decide.
Yes, any donations made to UK charities in a will are free from inheritance tax. This means that, by leaving a charitable gift in your Will, other recipients can actually benefit in the long run. This is because the amount of inheritance tax paid by the rest of your estate (the sum of your assets) will be reduced.
As the circumstances of every case are different, the cost of each legacy dispute case will vary depending on many factors, such as the complexity of your case and whether you have to go to court.
It is often more cost-effective for both parties to try and reach an amicable resolution together before beginning court proceedings. Disputes of this nature can often be resolved through alternative dispute resolution methods, such as mediation. This is something that one of our specialist solicitors can help to guide you through. It’s always best to seek legal advice as soon as possible once a dispute has arisen. If you wish to chat through your options with our experienced team, give us a call today.
