In our last Legacies Roundup of 2018, we consider the government’s proposal to increase probate fees and what it means for the charity sector, take a look at HMRC’s review of the taxation of trusts, and look back at some of the other issues legacy professionals have had to tackle this year.
Charity Fraud Awareness Week gave us all a lot to think about. One area that charities should not overlook is legacy fraud. We all know that legacies are a vital source of income for charities, and last year saw legacy income at a record high.
Bates Wells recently partnered with the Institute of Fundraising for its Legacy Fundraising Conference 2018. When I was asked to speak on the issue of contested wills, I wanted to celebrate the brilliant work done by charities and charity fundraisers, whilst providing practical guidance to avoid that work being undermined by the ever-increasing number of challenges to gifts left to charities by will.
In this Legacies Roundup we touch on the findings in Smee & Ford’s latest Legacy Trends 2018 report, consider the key issues and things to think about if your charity is left a gift of property, and take a look at issues relating to disclosure of information in the context of 1975 Act claims and Larke v Nugus requests.
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.
With rising property prices forcing more estates to be caught by inheritance tax payments, Jamie Huard takes a brief look at some of the issues that often arise with a gift of property in a will.
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.
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.
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.
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.
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
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.
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.