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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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