Busting the Myths Around Legacy Giving in Wills

Private client lawyers regularly come across legacies to charities, both when writing wills for clients, and dealing with probate and estate administration.

The processes that need to be followed in relation to charitable legacies are different in some respects to those where beneficiaries are family members. Charities employ professional legacy officers who are responsible for ensuring the charity receives its legacy, in the correct amount, as quickly as possible.

This webinar aims to dispel some of the common myths that arise when talking about charitable legacies in wills and probate, including:

• Whether the administration of estates with charitable beneficiaries is more complex and onerous than administering other estates.
• Whether charity legacy officers can hinder the estate administration process.
• When drafting wills, whether residuary gifts to charities should be avoided (and discretionary trusts or specific/pecuniary legacies used instead).
• Whether charities are inflexible if family members feel the will does not reflect the deceased’s wishes.
• Whether drafting charitable legacies can be risky and/or difficult to get right.

Learning objectives:

After this session, you will:

• Understand what legacy officers require when they are administering a legacy for a charity, and why.
• Understand what best practice in estate administration looks like when it comes to contact with beneficiaries and providing them with information.
• Be able to ask the right questions of your client when they wish to leave a charitable legacy, so you can ensure the legacy is clearly worded and will have the intended consequences.
• Have an awareness of ex gratia payments.
• Understand the benefits of working collaboratively with charitable beneficiaries, and what small changes you can make to ensure estates with charitable legacies run smoothly.