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28/10/2009
Concern raised over will disputes |
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Charities have expressed concern that there may be a rise in court cases from people seeking to dispute legacies left in wills to charities.
The issue has been highlighted by a case this month in which it was ruled that a woman who left a £2.3 million estate to the RSPCA did so under duress from her late husband, Third Sector reports.
As a result, the money will now be inherited by their daughter, who brought the case.
Director of fundraising at the National Trust Gill Raikes said she was concerned this would prompt people to "try their luck", adding: "Whatever the details of this particular case, it will make people more aware that they can contest a will."
Such a development could increase the importance of ensuring that any legacy left to a charity is established using a solicitor skilled in will drafting, in order to avoid any flaws that could lead to a successful legal challenge.
Earlier this month, north-east based solicitor Sarah O'Hare wrote in nebusiness.co.uk that those leaving money to charities should not be too specific about how it is used.
She said that if the organisation set to receive the money cannot use it in the fashion described they may lose it altogether.
Written by Anthony Dyson
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