In this edition of the Legacies Roundup, we reflect on recent legacy events including the ILM Conference 2018 and the Legacy Strategy Summit, review recent cases on beneficiaries’ rights to information and the test for testamentary capacity, and discuss how to ease into the now in-force GDPR with a useful article covering key issues for legacy professionals.
Legacy Professionals and the General Data Protection Regulation (GDPR) Are You Processing Personal Data? >
The General Data Protection Regulation (GDPR), which came into force on 25 May 2018, has implications for charity legacy professionals.
At the Institute of Legacy Management’s Annual Conference 2018, you posed BWB a series of questions on everything from GDPR to ex gratia payments. Here, we offer some answers.
The tumbleweed that often emanates from an executor in response to a request for an update is a common source of frustration amongst charity legacy officers. Why can’t they keep you updated? How hard is it to check in on a regular basis? This article will look at executors, their communication (or lack thereof!) and their costs, and consider what remedies charity beneficiaries have available to them.
There is a fiddly question for charities left property legacies of whether the Charities Act 2011 applies to a disposal by executors of property that has been appropriated to a charity.
Habberfield v Habberfield highlights the difficulties in defending proprietary estoppel claims - which can be even more of a hurdle for a charity defendant - and the impact a successful claim can have on the value of an estate
James v James and others highlights the challenge to a will on the grounds of lack of testamentary capacity is brought at the same time as a proprietary estoppel claim.
This case highlights the importance that the relevant charity or charities not only consider the likely prospects of successfully challenging the validity of the will but ensure that other factors, such as what the likely costs will be, are considered too.
Bates Wells Braithwaite and the Institute of Legacy Management (ILM) have collaborated to produce a new factsheet focusing on the implications of the General Data Protection Regulation (GDPR) for legacy management professionals.
Leticia Jennings, a partner in BWB’s Dispute Resolution team, has been quoted in the Law Society Gazette’s latest coverage of the Law Commission consultation on wills.
BWB hosts and chairs Institute of Legacy Management’s roundtable discussion on Law Commission consultation on wills >
Bates Wells Braithwaite (BWB) was pleased to host and chair the Institute of Legacy Management’s (ILM) roundtable discussion focusing on the Law Commission’s consultation on wills.
Legacy income is on the rise, but despite a recent success for charities in the Supreme Court, so are challenges to charity legacies.
In this edition of Legacies Roundup we draw out some of the key issues covered by our speakers at the seminar, including how data protection issues impact legacy fundraising and legacy management, and the challenges faced by legacy professionals when dealing with vulnerable people. We also discuss the latest (and most welcome) news on the scrapping of the proposed increase in Probate Court fees and reflect on the end of the Ilott v Mitson journey.