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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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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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