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Protecting Charitable Legacies
Charitable legacies left in wills provide valuable funding to charities and form a huge source of income. If you work for a charity that is a named beneficiary in a will, you should make sure you have legal representation to protect that funding for the future.
A legacy can be anything from a specific item to cash sums or a share of a person’s entire estate.
If a will that contains a charitable legacy is contested, it can lead to a significant drop in the amount of funding you were expecting, or indeed a total withdrawal of the legacy. This can happen when family members or friends of the deceased contest a will under the Inheritance Act, or if the will is found to be invalid.
Our wills, trusts and inheritance disputes team are experts in protecting charitable legacies and offer the following services:
- Defending claims under the Inheritance Act
- Making challenges to the validity of a will
- Bringing claims related to the interpretation and construction of a will
- Defending proprietary estoppel claims
- Making claims against executors or trustees
How JMW Can Help
The person who made the will - the testator - has complete freedom to choose who they will leave their estate to, but protecting charitable legacies can guard against any issues in the future. JMW represents charities and will help to outline your needs and resources that indicate your reliance on the legacy.
A judge will determine what meets the threshold for reasonable financial maintenance in each individual case, which is why it is important to seek legal representation to make the best possible case.
At JMW, we work to find a resolution through mediation or alternative dispute resolutions, which helps to minimise the costs and manage the risk of adverse publicity.