Charitable Bequests and Legacy Legal Services

Helping charities manage, protect and receive charitable legacies in accordance with the donor’s wishes and the organisation’s responsibilities.

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Charitable bequests and legacies can provide vital financial support for charities and not-for-profit organisations, but administering a gift left through a Will is not always straightforward. Questions may arise over the wording of the Will, the intended recipient, restrictions attached to a gift or the administration of the estate.

DTM Legal advises charities, charitable companies, trusts and other not-for-profit organisations on managing and receiving charitable legacies. We help clients understand their entitlement, communicate with executors and other parties, and address legal or practical issues that could affect the value or receipt of a gift.

Whether your organisation has been notified of a new legacy, requires advice on a complex bequest or has concerns about the administration of an estate, our Charity & Philanthropy team can provide clear guidance throughout the process. We help organisations protect the gifts left to them while ensuring that funds and assets are dealt with appropriately and in accordance with any applicable conditions.

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Charitable Bequests and Legacy Legal Services

We support charities and not-for-profit organisations with the legal issues that can arise when receiving and administering gifts left through Wills and estates, including:

  • Advising on charitable bequests and legacies
  • Reviewing and interpreting the terms of Wills and codicils
  • Confirming a charity’s entitlement under a Will
  • Liaising with executors and estate administrators
  • Advising on specific, pecuniary and residuary gifts
  • Reviewing conditions or restrictions attached to charitable gifts
  • Supporting charities where there is uncertainty about the intended recipient of a gift
  • Advising on delays in receiving charitable legacies
  • Reviewing estate accounts and information provided by executors
  • Advising on proposed variations or compromises affecting a charity’s entitlement
  • Supporting charities where a legacy becomes disputed or contested

Why Instruct DTM Legal?

A charitable legacy can involve more than simply waiting for an estate to be administered and receiving payment. The wording of a Will, the structure of the gift and events that have taken place since the Will was prepared can all affect what a charity is entitled to receive.

We provide practical advice that helps trustees and charity teams understand their legal position and make informed decisions. Where an issue arises, we focus on identifying a proportionate solution while protecting the value of the gift and considering the organisation’s wider responsibilities.

Legacy matters can also require careful communication. Charities may be dealing with executors, professional advisers, beneficiaries and family members at a sensitive time. We take a considered approach to resolving questions and concerns while remaining focused on protecting the organisation’s interests.

Where a matter develops into a dispute, our Charity & Philanthropy team can work alongside DTM Legal’s specialist dispute resolution and private client lawyers to provide coordinated advice. This enables us to support organisations from the initial notification of a legacy through to resolving more complex issues where necessary.

We provide:

  • Clear advice on your organisation’s entitlement under a Will
  • Practical support throughout the administration of a charitable legacy
  • Careful consideration of conditions, restrictions and unusual Will provisions
  • Strategic advice where concerns or disagreements arise
  • Support with communications involving executors and other interested parties
  • Access to wider dispute resolution and private client expertise where required

Get in Touch

If your charity has been left a bequest or legacy and you require advice on receiving, managing or protecting the gift, DTM Legal can provide practical guidance throughout the process.

Contact Alison and the Charity & Philanthropy team by calling 01244 354 800 or via email at alison.brennan@dtmlegal.com.

Key Contact
Partner, Trusts & Estates
DTM Legal
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Key Considerations for Charities Receiving a Bequest or Legacy

Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

View Key Considerations
DTM Legal
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Charity & Philanthropy Team

Heather Lally, Partner, Trusts & Estates, Photographed outside DTM Legal in Chester
Heather Lally

Partner, Trusts & Estates
Alison Brennan, Head of Compliance and Service Delivery Photographed outside DTM Legal in Liverpool
Alison Brennan

Head of Compliance and Service Delivery
Richard Thomas, Head of Business Recovery photographed outside DTM Legal in Liverpool
Richard Thomas

Head of Business Recovery

Frequently Asked Questions

Commonly asked questions regarding charitable bequests and legacy legal services:

The charity should retain all correspondence received and obtain information about the gift, including a copy of the relevant Will provisions where available. It is useful to establish who is administering the estate, what type of legacy has been left and whether there are any conditions attached to it.

For a substantial or unusual gift, obtaining legal advice can help the organisation understand its entitlement and identify any issues at an early stage. Trustees should also ensure that appropriate internal records are maintained as the administration progresses.

The timeframe will depend on the complexity of the estate. Before distributions can be made, executors may need to obtain probate, identify and value assets, settle liabilities, deal with tax matters and resolve any claims against the estate.

A delay does not necessarily mean that there is a problem. However, where an estate appears to have been under administration for an unusually long period or insufficient information is being provided, a charity may wish to seek advice about requesting an update and protecting its position.

An incorrect or outdated name does not necessarily mean that the gift will fail. The circumstances and wording of the Will will need to be considered to establish which organisation the donor intended to benefit.

This can be particularly relevant where a charity has changed its name, merged with another organisation or undergone restructuring since the Will was prepared. Legal advice can help establish the appropriate recipient and address any uncertainty with those administering the estate.

Charities need to consider such requests carefully because trustees are responsible for protecting and properly applying the charity’s assets. A request may involve legal, governance and potentially ex gratia considerations depending on the circumstances, so trustees should understand the basis on which they are being asked to give up an entitlement before making a decision.

Obtaining legal advice can help trustees understand the options available, the correct decision-making process and whether any additional steps or approvals are required.

If there are concerns about delays, a lack of information, the valuation or sale of assets, estate expenses or the calculation of the charity’s entitlement, the first step is usually to obtain further information from the executors or their advisers.

Where concerns remain, a solicitor can review the available documentation and advise whether further action is appropriate. Addressing potential issues early can help protect the value of the charitable legacy and, where possible, avoid a more significant dispute developing.

What our Clients Say

See what our customers have to say about their experience

Review Solicitors Stars
5/5 350+Reviews
Anonymous
01/10/2023
The DTM Legal LLP are one of our charity’s most valued legal skill donors. We can rely 100% on DTM Legal’s support. They are always quick to respond and very efficient and thorough in their work. They set out the parameters to which they are able to offer pro bono support and have a personable approach, which puts the charities at ease, during what can be stressful situations.
Dianne Parrish
26/05/2026
Alison and her colleagues at DTM Legal have provided legal support and peace of mind for a wide range of organisations consistently over many years. Expertise, solutions and guidance delivered promptly with clarity.
Anonymous
01/10/2023
Our initial key contact has been such a pleasure to work with, Alison Brennan. Alison always responds to email requests promptly and, wherever possible, will offer to help either directly, if the skills request is within her area of expertise, or she will facilitate support from her colleagues in other departments, within the DTM Legal practice. Our charities are always very happy with Alison, Kate and their respective teams’ support.

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