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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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