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When somebody decides to leave a bequest to a charitable organisation in their Will, there are many factors to consider. From issues of taxation to practical advice on estate administration, we are here to support both those leaving a charitable bequest and those responsible for carrying out their testamentary wishes.

We advise those leaving a charitable legacy on:

  • The inheritance tax and capital gains tax implications of leaving gifts to charities in Wills, including advising on and claiming the reduced rate of inheritance tax
  • The availability of the charity exemption for IHT, including whether an organisation qualifies as a charity under the legislation

We advise personal representatives (such as executors) on:

  • Testamentary wishes, to help them realise the testator’s wishes as far as possible where the object of a gift is unclear or has otherwise lapsed
  • Identifying charity beneficiaries, including in circumstances where a charity has changed its name or merged with another charity
  • Circumstances where an estate has been left to a mixture of charities and non-exempt beneficiaries, and any resulting tax considerations
  • Managing the practical aspects of estate administration, including balancing the needs of charitable organisations with those of other beneficiaries of the estate (for example, advice on which beneficiaries should bear costs and expenses)

We advise charitable beneficiaries on:

  • Dealing with the appropriation of assets prior to sale for capital gains tax purposes, in order to utilise all exemptions available to charities when they sell assets
  • Compliance with the statutory and internal guidelines they must adhere to, including working with their team to maximise the value of the estate where possible
  • Receipt of gifts and who within an organisation has the power to give good receipt for a gift in a Will

We also support other beneficiaries of an estate where they wish to redirect some or all of their inheritance to charity, either for philanthropic reasons or to enable the estate to benefit from the lower rate of inheritance tax.

Should you require advice on matters relating to a charitable legacy in a Will, please do get in touch with our experts, who will be only too happy to help.

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