This quarter, our experts round-up the most recent developments in the sector. We discover what happens when an executor or administrator can’t act, how charitable legacies can be preserved under the cy-près doctrine and highlight the key lessons from recent High Court cases on will challenges and farm succession.
The rules on who can act as a personal representative or trustee vary depending on whether the deceased left a will. This article explains what happens when an executor or administrator can’t act, how replacements are appointed, and the legal options when complications arise.
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The cy-près doctrine helps preserve charitable legacies in wills that might otherwise fail due to poor drafting or uncertainty. This article explores its broad application and what personal representatives can do when a charitable gift is at risk.
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The High Court’s decisions in the Burgess v Whittle case offer a striking illustration of the risks associated with bringing a poorly evidenced will challenge. In this article, we provide a background to the case, reveal the court's decision and provide key takeaways for potential will challengers.
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In Scott v Scott and Others, the High Court rejected a long-standing claim by a son who worked for years on his father’s farm. This article looks at the lessons from the case, the risks of relying on informal promises in farm succession, and what the ruling means for wills, tenancies, and family businesses.
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Ashfords has appointed partner Thomas Middlehurst to its trusts and estates team in London, strengthening the firm's high-net-worth offering in the capital. Thomas specialises in contentious trusts, probate and property ownership disputes, and acts for a broad range of clients including high-net-worth individuals, executors, trustees and charities.
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Our annual Charity Legacy Conference returned on 11 November, hosted at the renowned Royal Institution in London. The event brought together more than 40 legacy officers and charity professionals from across the sector, for a day of insight and collaboration.
The conference explored the growing complexities of legacy giving with sessions focused on cross-border estates, offshore trusts, digital assets and the evolving legal landscape. A highlight of this year was our first-ever interactive mock mediation, offering participants a hands-on experience of real-world scenarios that charities are navigating. If you'd like to sign up for updates on future events, please email events@ashfords.co.uk.
Kerry Morgan-Gould
Partner and Head of Trusts & Estates
+44 (0)1392 334154 k.morgan-gould@ashfords.co.uk View more
