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22 September 2017 / Alison Regan
Issue: 6672 / Categories: Features , Charities , Wills & Probate
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A matter of trust

The charitable legacy—how far should a charity go to protect it, asks Alison Regan

  • Wills drafted by a solicitor are less likely to be challenged.
  • Charity trustees are obliged to act in the best interests of the charity.

The press has recently reported on the sad case of Tracy Leaning, an animal lover who, in 2007, drafted a will benefitting the Dog’s Trust, World Animal Protection, Friends of the Animals and Heart Research UK. Legacy income provides crucial support for these charitable objectives—objectives that Tracy clearly wanted to advance. However life changes.

According to reports, after 2007 Tracy met a partner and then became ill. After being diagnosed with cancer in 2014 Tracy seemingly changed her will to benefit her partner (provided he looked after her dogs) cutting out the charities.

The Dog’s Trust has unusually (and some might say controversially) taken the step of questioning the validity of the 2014 will. Few details are available but this is likely to be on the basis that the second will was handwritten and

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
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Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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