Summary: Where a testator leaves a legacy to charity, it is not always a question of a straightforward inheritance. Sometimes legacies are challenged by disgruntled individuals who have either been excluded from the Will or not provided for adequately in their view. A Charity should not be afraid to assert their rights if a legacy has been legitimately left to them. However it is important to balance the merits of the claim and the prospects of success against the potential cost of the process to the charity, as is demonstrated by the difficulties faced in Gill v RSPCA. Richard Monkcom, Head of Druces’ Private Client team and Rachel Jones, a solicitor in Druces’ Contested Probate team, consider the issues
Relevant to: Charities whose legacy under a Will is contested
Private Client Briefing Note – Contested Legacies to Charities (Feb 2012)