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Charity Legacy Disputes

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Kevin Modiri
  • Kevin Modiri
  • Partner & Solicitor
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Meet the team

Protecting charitable legacies

Charity Legacy Disputes

A charity may find themselves in the position where they have been left a legacy in a Will by a donor who has passed away, but the legacy has then been disputed by a family member or dependent of the deceased person who feels that the charity should give up part or all of its interest in the legacy.

Donations to charities through legacy income run into billions of pounds each year, so there is a lot at stake as far as charities are concerned with these types of disputes.

Need advice? Contact us to find out how we can help
  • "Nelsons Solicitors Limited has a sizeable contentious trusts and probate team that frequently handles disputes concerning high value estates. The team displays strong expertise in Inheritance Act claims, complex challenges to wills, court of protection and defamation matters. Practice head Kevin Modiri and his team are 'sensible and pragmatic' and frequently deliver client training and CPD seminars.”

    Legal 500
  • "Keeping myself informed and explaining things in black and white frequently. Making me feel that someone actually wanted to help and in the soonest time possible. Your team are very polite and professional, nothing is too much trouble. I cant thank you enough."

    Client Feedback
  • "The team is well briefed, competent, polite and efficient at all times."

    Client Feedback
  • "The solicitors that work for Nelsons are all perfectionists who work hard to sort out your cases and are also caring people taking you through what is happening with everything."

    The Legal 500 2023
  • "The multidisciplinary practice at Nelsons Solicitors Limited combines the expertise of its dispute resolution, employment, private client, corporate and real estate groups. Kevin Modiri focuses on contentious probate and privacy issues, and is assisted by associate Craig Staten-Spencer, who has considerable experience advising Almshouses and local charities."

    The Legal 500 2023
  • "It’s reassuring to know that the practice is multidisciplined in addition to the specific areas of knowledge that advice is being sought on."

    The Legal 500 2023
  • "Nelsons has a very competent team who provide sound advice and administration skills."

    The Legal 500 2023
  • "All members of the team are competent and good to deal with, keeping all Trust matters in good order and up to date."

    The Legal 500 2023
  • "I feel the team work really well together, any seminars I have attended the team have made them flow, delivered them well in a professional yet light hearted manner."

    Referee feedback provided to The Legal 500 2024

Charity legacy disputes – how our solicitors can help

Charity Legacy DisputesAt Nelsons, our expert solicitors in Derby, Leicester and Nottingham have experience which is second to none in all areas of charity legacy, Will and inheritance disputes, which is one of the many reasons that the team has been recommended by the independently-researched directory, The Legal 500, as one of the top teams of specialists in the country.

Our team includes members of the Association of Contentious Trust and Probate Specialists (ACTAPS) in all three of our office locations, meaning that our clients are never far away from an expert in this field. We provide advice to charities of all sizes, from national household names to smaller local charities.

Legacy disputes are typically made by family members or dependents on the following alleged grounds:

  • Under the Inheritance (Provision for Family and Dependants) Act 1975 as they feel that reasonable financial provision has not been made for them in the Will;
  • They want to challenge the mental capacity (testamentary capacity) of the deceased person when they made the Will;
  • They want to challenge the proper execution or interpretation of the Will;
  • They wish to challenge the validity of the Will by alleging improper pressure was applied to the testator with a view to the Will being executed; and/or
  • They believe there was another agreement with the deceased person before they died relating to the disposal of their estate.

Alternatively, charities may find themselves having to bring a claim against an executor to rectify the misappropriation of a deceased person’s estate or a claim which relates to a forged Will or breach of trust.

Our approach

Our team provide expert legal support tailored to a charity’s circumstances, providing pragmatic and commercially aware advice to achieve what is best for the organisation and limit any negative impact litigation may bring in terms of adverse exposure.

When a charity is involved in a dispute it can be extremely stressful, time-consuming and costly, distracting those involved from the charity’s primary aims, but we work with our clients to resolve the dispute at the earliest possible stage through negotiation or other forms of alternative dispute resolution. Court action is a last resort but, if a case gets there, our team puts forward the best possible case, never losing sight of our client’s objectives.

For further information on how our solicitors can assist with charity legacy disputes, please call 0800 024 1976 or contact us via our online enquiry form.

Find out how Nelsons can help you. Contact our friendly team for a guaranteed fast response.

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Related topics

  • Charities
  • Charity Defamation
  • Inheritance Disputes
  • Fraudulent Wills
  • Charity & Trustee Disputes
  • Charity Investment Advice
  • Charity Property Advice
  • Services for Almshouses
  • Wills & Probate Advice
  • Dealing with a Death
  • Probate Advice
  • Intestacy Advice
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Nelsons Solicitors Limited is a limited company registered in England and Wales (Reg No: 07219010) and a wholly owned subsidiary of Nelsonslaw LLP, a limited liability partnership registered in England and Wales (Reg No: OC335458).  Their registered offices are at Pennine House, 8 Stanford Street, Nottingham, NG1 7BQ. A list of members of Nelsonslaw LLP may be inspected at the registered office. Nelsons Solicitors Limited and Nelsonslaw LLP are authorised and regulated by the Solicitors Regulation Authority. Nelsons Solicitors Limited is authorised and regulated by the Financial Conduct Authority. Our notaries are regulated by the Faculty Office. Nelsons Solicitors Limited’s VAT No is 385 184 329.

 

Nelsons is a member of the ‘Lawfront Group’ of companies of which its parent, Lawfront Holdings Limited (LHL), is a limited company registered in England & Wales (Reg No. 13327912) having its registered address at 10 Ledbury Mews North, London, W11 2AF is regulated by the SRA (SRA No 819548).

 

We use the word “partner” to refer to a director or consultant of Nelsons Solicitors Limited or an employee of equivalent status and it should not be construed as indicating that any relationship of partnership (within the meaning of the Partnership Act 1980) exists between all or any of the individuals so designated or between any individual and Nelsons Solicitors Limited.

 

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