Proceed with care: legacy disputes and the duties of charity trustees

Charities litigating over legacies have received a considerable amount of negative press in recent years, much of which is, to some extent, unconnected with the legal merits of their position. With reference to recent cases and Charity Commission guidance, this article considers charities’ duties in...

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Bibliographic Details
Published in:Trusts & trustees 2018-05, Vol.24 (4), p.326-331
Main Author: del Panta, Luca
Format: Article
Language:English
Subjects:
Bequests
Charities
Laws, regulations and rules
Litigation
Management
Powers and duties
Trustees
Online Access:Get full text
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Summary:Charities litigating over legacies have received a considerable amount of negative press in recent years, much of which is, to some extent, unconnected with the legal merits of their position. With reference to recent cases and Charity Commission guidance, this article considers charities’ duties in relation to such litigation, and to what extent the reputational risks of litigation bear on those duties. It then examines the factors charities should take into account before deciding whether to litigate, and outlines some steps which can be taken to protect their position in the event that litigation is necessary.
ISSN:1363-1780
1752-2110
DOI:10.1093/tandt/tty028