With rising property prices forcing more estates to be caught by inheritance tax payments, Jamie Huard takes a brief look at some of the issues that often arise with a gift of property in a will.
At the Institute of Legacy Management’s Annual Conference 2018, you posed BWB a series of questions on everything from GDPR to ex gratia payments. Here, we offer some answers.
The tumbleweed that often emanates from an executor in response to a request for an update is a common source of frustration amongst charity legacy officers. Why can’t they keep you updated? How hard is it to check in on a regular basis? This article will look at executors, their communication (or lack thereof!) and their costs, and consider what remedies charity beneficiaries have available to them.
There is a fiddly question for charities left property legacies of whether the Charities Act 2011 applies to a disposal by executors of property that has been appropriated to a charity.
Habberfield v Habberfield highlights the difficulties in defending proprietary estoppel claims - which can be even more of a hurdle for a charity defendant - and the impact a successful claim can have on the value of an estate
James v James and others highlights the challenge to a will on the grounds of lack of testamentary capacity is brought at the same time as a proprietary estoppel claim.
This case highlights the importance that the relevant charity or charities not only consider the likely prospects of successfully challenging the validity of the will but ensure that other factors, such as what the likely costs will be, are considered too.