Legacy Protection Lawyers
Legacy income is essential for charities and higher education institutions (HEIs). However, as charitable entities, it can be a complex income stream to navigate.
You need a law firm that understands your sector and can support with the balancing exercise between maximising income from legacy donations and mitigating against putting your organisation at risk.
Our highly-rated legacy protection team take a strategic, pragmatic and sensitive approach to your needs.
We have a strong track record of supporting our charity and HEI clients with the full spectrum of legacy work: from early-stage reputation management and strategic advisory work, and ongoing legacy management, through to mediation and litigation to defend contested legacies.
Uniquely, our legacy protection team comprises of Chambers-ranked lawyers spanning specialisms including:
Many of the our legacy protection lawyers are members of the Association of Contentious Trusts and Probate Specialists (ACTAPS) and all are experienced in advising charity and HEI clients.
Legacy Protection support for Charities and HEIs
We understand the sensitivities specific to Charities when it comes to managing legacy income, particularly where the estate of the deceased is high-profile. At an early stage we can support with managing issues around reputational risk, including advice around disclaiming potentially high-risk legacies.
Charities often find themselves involved in a slow or deadlocked administration. We can provide fast, clear, pragmatic and strategic advice to help charities take steps to break the deadlock and realise legacy income that has become unreasonably delayed. We can also provide early-stage and ongoing advice around issues including the practical risks of specific legacies (e.g. rental or foreign property), Inheritance Tax and Capital Gains Tax, restricted legacies (including Cy-près schemes) , ex-gratia requests and Charity Commission guidance and applications.
Charities, as both Executors and beneficiaries, can face a difficult situation where there are disappointed family members. Our contentious probate specialists are experienced in challenging and defending wills, dealing with issues surrounding the validity of wills, defending claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 and advising in respect of contested Statutory Will applications.
VWV are real experts in this field, and a delight to work with. From detailed drafting of legal letters and paperwork, to casting an expert eye over documents, to a quick 5 minute check in over the phone, they are always very responsive and helpful. I would highly recommend them to anyone who needs legal support or advice in this space.
Our work highlights
Represented a national charity as one of eight competing charities in a statutory Will application in respect of a £19.5 million estate. We successfully defended our client's entitlement under the existing Will following a series of multi-party mediations. Sarah Haren KC represented our client.
Successfully defended a complex dispute regarding a £1.3m London flat gifted to a national charity. The deceased's niece brought claims of proprietary estoppel, common intention constructive trust, and an Inheritance Act claim. All were dismissed, the flat was assented to our client, and subsequently sold.
Advised a charity client as the sole executor and beneficiary of a substantial estate, after the deceased's brother requested an ex gratia payment of the entire estate. The deceased's improperly executed homemade Will, made while hospitalised with COVID, left the estate to his brother. As a result, the previous Will, which left the entire estate to our client, remained valid. We prepared a detailed briefing note for the trustees, outlining the risks of litigation, potential outcomes, reputational risks, and the Charity Commission's ex gratia request guidelines.
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