Charity legacy protection

Legacy protection for charities

Legacy income is essential for charities. However, it can also be complex. Our Legacy Protection team understand that charities face a balancing exercise between maximising income from legacy donations and reputational management. Find out more about our charity legacy protection work here. 

Our experience, strategic approach, and sensitivity to your needs make us ideally equipped to assist your charity. 

Quick Enquiry

Have you been left a gift in someone's Will?

We understand that when charities become beneficiaries they are often in the difficult position of balancing their obligation to maximise their entitlement without compromising their reputation. We advise beneficiaries on a wide range of issues such as, interpreting the Will, corresponding with Executors, considering tax implications and advising on the appointment of assets to the charity.

Are you an executor in a Will?

Increasing numbers of charities find themselves in joint roles, appointed as Executors and also beneficiaries. We provide technical and strategic advice on a range of issues, ensuring charities are able to successfully navigate these two roles.

Are you concerned about the way an estate is being dealt with?

Often charities find themselves involved in slow or deadlocked administration. We advise charities on the options available to them, from guiding them through the administration and prompting the Executors into action, through to the ultimate sanction of the removal of Executors, where necessary by court application if they have breached their legal duties.

Are you involved in a Will dispute?

Charities, as both Executors and beneficiaries, can face a difficult situation where there are disappointed family members. Our contentious probate specialists are experienced in challenging and defending wills, dealing with issues surrounding the validity of wills and defending claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

How can we help?

Our Legacy Protection team comprises of nationally recognised contentious probate and trust and estate administration specialists, led by the highly-rated Michelle Rose. Many of the team are members of ACTAPS and others have worked as legacy officers, so they have on-the-ground experience of managing these challenging situations.

We have substantial experience in dealing with a range of legacy matters, from the smaller non-contentious issues charities may face through to more complex contentious matters.  

Case summaries

• Represented a national charity as one of 8 competing charities in a statutory Will application in respect of a £19.5 million estate. We successfully defended our client's entitlement under the existing Will following a series of multi-party mediations. Sarah Haren KC represented our client.

• Successfully defended a complex dispute regarding a £1.3m London flat gifted to a national charity. The deceased's niece brought claims of proprietary estoppel, common intention constructive trust, and an Inheritance Act claim. All were dismissed, the flat was assented to our client, and subsequently sold.

• Advised a charity client as the sole executor and beneficiary of a substantial estate, after the deceased's brother requested an ex gratia payment of the entire estate. The deceased's improperly executed homemade Will, made while hospitalised with COVID, left the estate to his brother. As a result, the previous Will, which left the entire estate to our client, remained valid. We prepared a detailed briefing note for the trustees, outlining the risks of litigation, potential outcomes, reputational risks, and the Charity Commission's ex gratia request guidelines.

• Recently concluded a high-profile case involving a helicopter pilot's estate, who died alongside his co-pilot life-partner and a Premier League club owner in a crash. Widely covered in national press, our charity client was the main beneficiary. The co-pilot's family challenged the Will, citing undue influence and improper execution and threatened media exposure throughout the proceedings. We successfully guided our client in navigating the fine line between "doing the right thing" for the family and discharging its obligations to maximise legacy income and avoid reputational damage.

If you would like any more information about the work we do or how we could assist your charity, please contact the Contentious Probate team or Michelle Rose on 0117 314 5246 or make an enquiry below.