Charity Legacies

Briskly · 20 November 2018 at 8:23PM

Does anyone know whether, if charities are majority beneficiaries in a will and the executors decide to revoke their roles, whether the charities automatically become executors and, importantly, whether they appoint their own solicitors to administer the estate, racking up costs by a possibly unknown amount? Any help appreciated as this is a bit of a grey area. I'm reluctant to ask the charities directly at this point!

Yorkshireman99 · 20 November 2018 at 8:33PM

Briskly wrote: »

Does anyone know whether, if charities are majority beneficiaries in a will and the executors decide to revoke their roles, whether the charities automatically become executors and, importantly, whether they appoint their own solicitors to administer the estate, racking up costs by a possibly unknown amount? Any help appreciated as this is a bit of a grey area. I'm reluctant to ask the charities directly at this point!

If the executors refuse to act any beneficiary can apply yo the court to replace them. A charity would almost certainly appoint a solicitor to act for them.

Briskly · 20 November 2018 at 8:46PM

Thanks for your help. If one of the revoking executors is also a beneficiary can they have a say in which solicitors are appointed? The main reason for revoking is to avoid all the hassle of having charities on your back and suing if anything goes wrong - have been told of many horror stories including being sued if the charities have to pay capital gains tax on a property if it increases in value. It seems if the executors appoint their own solicitor they can still be sued as they still have responsibility for the estate.

Yorkshireman99 · 20 November 2018 at 10:26PM

Briskly wrote: »

Thanks for your help. If one of the revoking executors is also a beneficiary can they have a say in which solicitors are appointed? The main reason for revoking is to avoid all the hassle of having charities on your back and suing if anything goes wrong - have been told of many horror stories including being sued if the charities have to pay capital gains tax on a property if it increases in value. It seems if the executors appoint their own solicitor they can still be sued as they still have responsibility for the estate.

I think you are over concerned. Just let the executors appoint a solicitor and have done with it. The charities can give them any grief. They have indemnity insurance if they get it wrong.

Charity Legacies

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