When Charity and Legacy Disputes Arise
Charities play a vital role in our communities, often depending on gifts and legacies left in wills. But when a charity becomes involved in a dispute, whether over a will, a trust, or the management of charitable funds, the legal and reputational stakes can be high.
At IMD Solicitors we advise charity trustees, executors, and beneficiaries in disputes involving charitable gifts, legacy challenges, and trustee duties. Our focus is on resolving matters swiftly, protecting charitable assets, and maintaining public confidence in the charity’s work.
Common Charity Disputes
- Disputes between charity trustees about governance or use of charitable funds
- Breach of trust or mismanagement of charitable assets
- Cy-près applications to vary charitable trusts that can no longer be fulfilled
- Disputes between charities and executors regarding entitlement to legacies or interpretation of wills
- Negotiation of settlements involving multiple charitable beneficiaries
- Challenges to charitable gifts under the Inheritance (Provision for Family and Dependants) Act 1975
- Claims that a will leaving funds to a charity is invalid due to lack of capacity, undue influence, or fraud
Our Expertise
Our team combines specialist knowledge of trusts, estates, and probate litigation with a deep understanding of how charities operate. We act for:
- Charity trustees in disputes concerning administration, removal, or compliance with fiduciary duties
- Executors and estate administrators where charitable gifts are disputed or require variation
- Beneficiaries or family members who wish to challenge or defend charitable legacies under the Inheritance Act or on grounds of invalidity
We regularly handle applications involving:
- Section 50 Administration of Justice Act 1985 (removal or replacement of executors)
- Cy-près schemes and trust variations, whether by agreement or court application
- Beddoe applications and court directions for trustees and executors managing contested charitable funds
How We Can Help
- Advise charity trustees on managing or avoiding disputes
- Represent charities defending or asserting entitlement to a legacy
- Act for executors and administrators in disputes involving charitable beneficiaries
- Bring or defend claims under the Inheritance (Provision for Family and Dependants) Act 1975
- Apply for cy-près schemes or directions to repurpose charitable funds
- Represent parties in mediation or contested court proceedings
Our Approach
- Balanced and pragmatic – we recognise that reputation and public trust are as important as legal outcome
- Specialist expertise – we advise across legacy disputes, trust law, and charitable gifts
- Clarity and communication – we liaise sensitively with charity boards, trustees, and beneficiaries
- Early resolution – we focus on negotiation and mediation to minimise cost and publicity
Example Cases
- Acted for a hospice who benefited under a will in contested proprietary estoppel proceedings and simultaneous proceedings before the Court of Protection for a statutory will.
- Represented executors seeking to perfect failed gifts in a will by way of cy-près order where the original charities were no longer in existence.
- Successfully removed trustees of a charity who had acted in breach of their fiduciary obligations to the charity and contrary to the charity’s constitution.
Get in Touch
If your charity is facing a dispute, or if you are a trustee, executor, or beneficiary involved in a contested legacy, our specialist solicitors can help.
Call us on 0330 107 0107 or request a confidential consultation.
We have offices in London, Manchester and Birmingham and act for clients across England and Wales.
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