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Walking a fine line

10 August 2012 / Lucinda Brown
Issue: 7526 / Categories: Features , Wills & Probate
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Lucinda Brown examines a charitable approach to litigation

To defend or not to defend? That is the question posed to charities facing claims against an estate of which they are a legatee. The decision is not a straightforward one. The trustees of the charity must balance the duty to ensure that the charity receives the monies that are due to it against the time, resources and costs that will be incurred in litigating to protect the legacy. Adverse publicity can act as a deterrent to charities who are considering defending claims as they seek to avoid the perception that their defence has caused the case to go to trial.

No special treatment

Charities are not given any preferential status by the court and legacies to charities are just as vulnerable as ordinary legacies in contested estates. Claims disputing the validity of wills, claims for rectification of wills and claims pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) can all give rise to the possibility that the

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

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NEWS
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Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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