Professional approach to Wills vital for charities

Published: 4th May 2007

Charities are being urged to ensure they have professional procedures in place to claim legacies left to them in Wills.

Law firm Mace & Jones said with well over a third of people now leaving a legacy to a charity in their Will charities need to be efficient in collecting what is legally theirs.

"Charities have a legal right to be told if they have been left a legacy once the person has died," said Wills and Probate solicitor Paul Bricknell. "The firm Smee & Ford can be employed to conduct searches to establish what money is outstanding. Once a legacy has been established it is critical to communicate effectively with the executors of the Will. Frequently executors can drag their feet which unnecessarily slows the exchange of money. Moreover the quicker the transaction can be completed the less chance of acrimony and possible court action."

Mr Bricknell said an particular area of concern for charities was Inheritance Act claims.

"Charities need to have an established procedure in place for dealing as amicably as possible with claims from partners and children of the deceased," he said. "It is undoubtedly tricky when people claim they have not been left reasonable financial provision. However it is important the charity does not unfairly lose all or part of its legacy. In cases where more than one charity is having its legacy contested in the same Will it makes sense for the charities to use the one law firm. This will be less complicated and save money."

Mr Bricknell said charities needed to encourage people to write Wills correctly.

"Homemade Wills must be discouraged at all costs," he said. "Ultimately employing a solicitor to write a will can save an enormous amount of time and money. Critically for charities they must stress the importance of including the charity number in the Will. This will safeguard the legacy if the charity changes its name or amalgamates. Failure to include the charity number risks having the Will contested by a number of charities who could claim they were the intended beneficiary."