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Charitable giving has long been part of our culture. It is not unusual, in fact common, to see wills which include a gift (a ‘legacy’) to charity.
I am often asked what does that mean for my case? How should we deal with this?
The short answer: No differently. Whilst charities have a separate legal structure, they are a beneficiary in the same way as an individual and their interest is generally treated in the same way, save for tax considerations.
If you asked me to elaborate, I would tell you:
Expect:
- Behind the brand or logo there are employees who work incredibly hard to help ensure all legacies go directly to supporting their various causes.
- In our experience charity beneficiaries understand that behind every legacy is a family who has experienced a loss. They will want to be respectful of the Deceased’s wishes.
- Technical Detail. Most charities will have a good legal knowledge and an understanding of how matters tend to unfold. They will have seen numerous disputes before and will have a unique and helpful point of view. Crucially they will understand the language, litigation process and that there are sometimes delays and strength of feeling. This can be a real asset.
- Resolution focussed. They will want to sort the dispute out as much as you. It will be common ground to resolve matters proactively and cost effectively.
Don’t expect:
- ‘Off the cuff’ decisions. Charities will want to consider case updates with the benefit of legal advice and action it within their internal decision-making structures. A quick decision is not always possible and short last-minute deadlines often impracticable. This is not intended to cause delay. The best way to embrace this is to plan for it. It encourages parties to be more forward thinking, the value of which should not be underestimated.
- Prior knowledge. Charities are unlikely to have knowledge of named individuals or specific circumstances. They will be unable to provide evidence in relation to the often family related aspects of a dispute. This creates a helpful element of objectivity and does not come from a lack of interest or humanity from the charity’s perspective.
- The flexibility of an individual. It is a misconception that charities can easily decide to forgo a legacy and / or make unfounded concessions. Proceeding on this basis will lead to disappointment. There is, of course, scope to discuss sensible ways to resolve disputes, but this will need to be with reference to legal and risk-based analysis.
In a world that feels increasingly unpredictable, it is more important than ever to litigate thoughtfully in these types of cases and embrace the different perspectives of your opponents whether that be an individual or a charity.
If you are involved in an inheritance dispute and would like some assistance navigating this, our experienced Disputed Wills Trusts and Estates team can help. Please contact Jasmine Ivory or another member of the team for advice.
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