Charity

Charities, education and community

Legacy administration

The legacy administration team has a wealth of experience in advising charity clients on legacy matters and handles estate administrations of considerable complexity and size, including cross-border and international issues.

The third sector is increasingly required to be aware of fraud. The firm has an excellent track record in recognising fraud in all its guises, from the impostor and the forged signature on a will to the long term misappropriation of trust funds.

The team are all experts in tax planning and frequently advise private clients on potential tax-saving situations and how to take advantage to benefit the third sector. The pro-active approach and sensitive handling can work to the benefit of all concerned except the Inland Revenue.

The firm is a corporate partner of the Institute of Legacy Management.

Recent successes include

  • a challenge to restrict solicitors' costs in the case of Gregsons v RSPCA and a repayment to three well known National Charities from a substantial estate which had been wrongly distributed without due regard to the exempt status of charities in relation to inheritance tax.

Work includes:

  • complex probate matters
  • taking over partly administered estates from both lay and professional personal representatives and obtaining s116 grants of representation
  • negotiating with the District Registrar to resolve difficult problems,
  • complying with s36 of the Charities Act 1993,
  • ex-gratia payments,
  • executors' and attorneys' expense claims and professional fees,
  • analysing estate accounts,
  • handling estates on a delegated authority basis for legacy officers,
  • advising on the validity of Wills and specific clauses of Wills, including holograph and homemade Wills,
  • applying to the Court to remove and replace executors and trustees
  • administering foreign assets and estates
  • offshore trusts and cross border tax issues
  • applying for Royal Sign Manual Directions and Charity Schemes
  • inventory and account applications
  • advising on executors' duties

We can work for you in a number of ways, including advising on one-off matters, providing cover for team members on maternity leave, and advising on a delegated authority basis.

We provide in house training and regularly deliver workshops and seminars to legacy officers, chief executives and trustees.

Angela Bowman, head of team, writes a regular column in the Institute of Legacy Management's newsletter, and you can read her advice here. If you have any further queries, please do contact Angela.