Five Issues For Charities To Consider When Left Funds By A Testator

Leaving funds to a charity in a will can be a meaningful way to support a cause very close to the testator's heart. However, there are a number of issues that both the charity and the testator should be aware of when making such a bequest. Below I have set out some that charities should be aware of following notification that they are included in a testator's will.

Challenges to the will or estate

Often, family members can be left disappointed if they are not the sole beneficiaries of the estate. They may argue that they have been left inadequate financial provision or that the will is invalid.

Other disputes

Other disputes may also arise, for example, where the testator made a promise to another that they would receive the legacy left to the charity (proprietary estoppel) or a dispute as to the ownership of the property (resulting or constructive trust claim). Such disputes can lead not only to a delay in the charity receiving their entitlement but also to