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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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A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
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Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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