BWB has a cross-departmental team of solicitors and consultants in the Charity & Social Enterprise Department and Dispute Resolution Department which specialises in advising charities on legacies. The team acts for a wide range of international, national and local charities in relation to non-contentious and contentious legacy work, as well as for individuals seeking advice or assistance.

From advising on legacy fundraising and day-to-day probate queries, to helping you deal with difficult legacies, challenges to the validity of wills, and family provision claims, our team is able to provide a full legacy-related advice service.

BWB is committed to providing commercial but practical advice, taking into account all relevant matters including financial pressures and reputational issues.

Our range of work includes:

Legacy fundraising: For many years we have assisted clients who require advice on legacy fundraising, including advice on the legal aspects of legacy fundraising through written materials, events and one-to-one fundraising, preparing and reviewing legacy marketing materials and advice on setting up a new legacy fundraising campaign. One of our team, Laura Soley, was the legal representative on the working party which prepared the latest Institute of Fundraising Legacy Fundraising Code of Practice. We continue to work closely with the Institute of Fundraising.

Legacy administration: We are frequently called on to provide day-to-day advice on issues which arise during the course of the administration of an estate, such as advising on dealing with executors, estate accounts, inheritance tax, capital gains tax and appropriating assets to charities and entitlement to the Grant. We also advise on the terms of legacies left to charities, for example whether a legacy should be treated as permanent endowment, the terms of legacies bequeathed for a particular purpose, and issues related to the charity's entitlement to the legacy, such as whether a legacy has survived a charity re-organisation. We also regularly advise on cy-près schemes, ex gratia payments and the refusal of gifts.

Legacy disputes: Between them our Dispute Resolution team has over 50 years experience. We have acted for thousands of charities in dispute and deal with a wide range of legacy disputes, including disputes with executors, disputes regarding the validity of wills or relating to the construction of gifts, claims under the Inheritance (Provision for Family and Dependents) Act 1975, estoppel claims and Court of Protection matters. As charity specialists we understand the particular needs and interests of charities in dealing with contested probate matters and family provision claims. While mindful of the duties of charity trustees, we consider the bigger picture.

Legacy training: We provide legacy training in-house to charities, taking a practical approach to the issues charities face. We are happy to plan the content of the training with charities and tailor it to their specific needs.

Free Initial Consultation

If you would like to discuss an issue on a no obligation basis we would be happy to talk. Please email legaciesandprobatedisputes@bwbllp.com or call 0207 551 7777 and ask to speak with Laura Soley or Robert Oakley.