Charitable Legacies - The Key Challenges for Probate Professionals

Introduction

Research from Smee & Ford shows that 10,670 separate charitable organisations were named in wills made in 2021. This is the highest on record.

So far, the overall picture for 2022 is a positive one for charities, with a similar number of charitable estates reported already, 14% of probated estates with wills are charitable and around 1 in 5 wills containing a gift to charity in many areas of the southeast and west.

Legacy income makes up a huge part of a charities finances and continues to grow.

With that continues challenges for the charities which also need to be addressed. This has included a growing number of cases being determined by the Courts.

This webinar will take you through the various challenges that charities face when being left a legacy in a will.

What You Will Learn

This webinar will cover the following:

• Responsibilities of charity trustees - what role and duties do trustees have?
• Delegated authority - Official Receiver v Batmanghelidjh
• What are charity proceedings? Section 115 of the Charities Act 2011
• Claims arising out of legacies:
• Inheritance (Provision for Family and Dependants) Act 1975 - Illot v The Blue Cross
• Testamentary Capacity - Vegetarian Society v Scott
• Undue influence
• Knowledge and approval - Gill v RSPCA
• Fraud - Baines v Dixon Coles and Gill and Guide Dogs for the Blind Association v Box; HDI Global Specialty SE v Guide Dogs for the Blind Association; and Operation Hornet
• Construction and/or rectification - Knipe v British Racing Drivers’ Motor Sport Charity; Beasant v Royal Commonwealth Society for the Blind; and Re Harte
• Professional negligence in will drafting - Shah v Forsters LLP
• Removal of trustees - National Westminster Bank Plc v Lucas
• Statutory wills and lifetime gifts - PBC v JMA and Re MJL
• Requests for ex-gratia payments
• Application of the cy-pres doctrine
• Will trusts and lifetime trusts
• Challenging fees of professional executors
• Key considerations to consider when assisting charities with legacy disputes

This pre-recorded webinar will be streamed at 12:30pm on Monday 23rd January 2023 and will remain available to view by delegates who have registered by then for 90 days.