Charities Actively Disputing A Will

In a previous blog, we considered the position a charity should take when becoming involved in a Will dispute, focusing on the instances when the Will dispute arises as a result of another party’s actions.

Charities are not however, prevented from disputing a Will on their own accord. Charities are able to raise a dispute in respect of a Will they are a beneficiary of, or have reason to believe they ought to have been.

Will disputes raised by a charity – Examples

In the first instance, this is likely to be where there is some disagreement as to the charities deemed inheritance or the interpretation of the Will. For example, a Will may be worded to leave a property to the son of the testator and a charity, which the executors may allow the son to enjoy the property for his life before passing on to the charity at a later date or on his death. Depending on the wording of that Will, the charity may be able to bring action to force the sale of the property so funds can be realised sooner or before their inheritance starts to diminish.

An example of a second instance would be when a charity believed they were due to inherit as they had been previously advised by the testator that they would, but on that testator’s death the Will is found to have not included the charity. The charity would then have many options, including challenging the current Will in favour of a previous one or, bringing a claim of estoppel to protect any asset they were promised to inherit. In such instances, it will be difficult for the charity to succeed without being to show that they relied upon the promise by the testator but each case does turn on its own facts and accordingly it is always essential to seek expert advice.

A further instance where a charity might wish to instigate proceedings is if they are named as a beneficiary of a preceding Will and a new Will has been created in suspicious circumstances. It may be possible for the charity to challenge the new Will with a view to the preceding Will standing.

In order to minimise the need for a dispute, testators are advised to be clear and specific when making charities a legatee under their estate.

Before commencing any action charities should consider the likely award in line with the anticipated costs, as it is likely any action will be costly and should only be taken if the charity expect to benefit over and above the likely costs. Charitable organisations are expected to maximise income for the charity, and any action which reduces income and capital is likely to go against the charities purpose and may expose the trustees to a personal liability.

Charities will also wish to avoid any bad publicity so this too should be considered. Sometimes a decision to accept an inheritance at a later date will not only avoid costs and allow maximum income, it may also avoid the risk of any bad publicity.