Birketts’ specialist charity legacy and trust disputes team supports charities of all sizes, from local community organisations to some of the largest national charities in England and Wales. We work across all sectors, including:
- Faith-based charities
- Animal welfare
- Education and research
- Health and wellbeing
- Environment and conservation
- Poverty and homelessness
- Armed forces and emergency services
- Arts, culture and heritage
We’re recognised as leading experts in resolving legacy and trust disputes swiftly, sensitively, and cost-effectively – always with your charity’s reputation and mission in mind.
How we help
We guide charity professionals, including legacy officers, trustees, and directors, through the complexities of legacy disputes. In general, charities should not surrender all or part of their legacy unless it is to compromise a genuine dispute or has been authorised by the Charity Commission under section 106 of the Charities Act 2011.
Numerous factors will weigh into the decision of charity trustees as to whether, and if so how, to resolve a dispute. Cost is a significant factor, but so too is the potential for negative publicity and the possible knock-on impact on legacy income more generally. The most important considerations are to ensure the steps taken are both within the charity’s powers and in its best interests.
Our goal is to help you:
- Maximise legacy income
- Protect your charity’s reputation
- Honour donor intent
- Manage cost and risk
What is our approach?
Legacy disputes are often emotionally charged and can significantly impact your charity’s operations, cashflow, staffing, and beneficiaries. That’s why we take a sensitive, empathetic, and proactive approach, while remaining firm and focused on resolution.
Every case is unique. We collaborate across Birketts’ specialist teams, including charity, private client, tax and trusts, agriculture, and property, to ensure you have the right expertise at every stage.
We adopt a sensitive, empathetic, proactive and firm approach to disputes, mindful of how emotionally charged legacy disputes can be, whilst recognising charities’ reliance on legacy income and how challenges to legacies can have a huge impact on charity beneficiaries, including their cashflow, staff employment, projects and charitable objectives.
What kind of legacy disputes might charities face?
We regularly assist charities with:
- Will validity challenges
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975
- Interpretation or rectification of Wills
- Removal or appointment of executors/trustees
- Ex-gratia payment requests
- Estate account reviews
- Excessive executor/trustee charge disputes
Funding options
We offer discounted hourly rates for charities, along with flexible funding arrangements such as:
- No-win-no-fee agreements (in certain cases)
- Fixed fees
- Deferred payment options
Key Contacts
