Legacy And Charity Disputes

Disputes involving charitable legacies can arise where there is uncertainty over the interpretation of a will, concerns about validity, or disagreements between charities and other beneficiaries.

Our Private Wealth Disputes team advises charities, executors and beneficiaries on resolving legacy and charity disputes efficiently and proportionately.

Common legacy and charity disputes

These disputes often involve:

unclear or ambiguous charitable gifts
disputes over entitlement to legacies
allegations of undue influence
challenges to the validity of a will
disputes over estate administration
Inheritance Act claims
applications for cy près schemes
ex gratia payment requests

Acting for charities and beneficiaries

We act for and support number of the UK’s largest charities as well as many local charities seeking to protect their entitlement.

Can a charity challenge a will or estate?

Charities may challenge a will or estate where there are concerns about validity, interpretation or administration.

When might a charity bring a challenge?

Challenges may arise where:

a promised legacy has been reduced or removed
a will appears invalid
there are concerns about undue influence
there are delays or problems with the estate administration

How are charity disputes resolved?

Most disputes are resolved through negotiation. Litigation is a last resort where necessary to protect charitable funds.

Why choose Hugh James?

We have extensive experience advising charities and private clients in contested estate matters, combining technical expertise with commercial awareness.

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team.

He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

Roman Kubiak is described by a client as “tremendously capable, he knows what he is doing. He’s a national figure.” Another source adds: “Roman is exceptionally knowledgeable, he is very pragmatic and very solution-oriented.”

Chambers & Partners

A natural and dynamic leader’, the ‘very impressive’ Roman Kubiak heads the firm’s Private Wealth Disputes team and is noted for his ‘deep knowledge of estates and trusts law’.

The Legal 500

Recent experience

Advising national and local charities as residuary beneficiaries under an earlier will, where a later will prepared by the deceased’s professional adviser removed the charities entirely. The matter involved multiple jurisdictions and required urgent protective action, coordinating onshore and offshore estate strategy in a dispute valued at approximately £2 million.
Advising a leading national charity on an ex gratia payment request arising from a discretionary will trust, including complex issues relating to defective will drafting, potential third-party claims and the charity’s decision-making obligations.
Acting for multiple national health charities in response to threatened claims by a purported carer of the deceased, including allegations of promissory estoppel, detrimental reliance and negligent misrepresentation, with a demand for mediation and payment of approximately £250,000.
Advising national charities as residuary beneficiaries of an estate facing multiple competing claims, including allegations of misappropriation of funds by a former attorney, claims from a care provider, and a threatened will dispute. The instruction involved early-stage strategic advice to protect charitable entitlements and manage reputational and commercial risk.