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10 August 2012 / Lucinda Brown
Issue: 7526 / Categories: Features , Wills & Probate
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Walking a fine line

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Lucinda Brown examines a charitable approach to litigation

To defend or not to defend? That is the question posed to charities facing claims against an estate of which they are a legatee. The decision is not a straightforward one. The trustees of the charity must balance the duty to ensure that the charity receives the monies that are due to it against the time, resources and costs that will be incurred in litigating to protect the legacy. Adverse publicity can act as a deterrent to charities who are considering defending claims as they seek to avoid the perception that their defence has caused the case to go to trial.

No special treatment

Charities are not given any preferential status by the court and legacies to charities are just as vulnerable as ordinary legacies in contested estates. Claims disputing the validity of wills, claims for rectification of wills and claims pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) can all give rise to the possibility that the

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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