Charity Dispute Solicitors: Contractual, Commercial and Legacy Disputes

It is generally helpful to seek advice as soon as it becomes clear that a disagreement may not be resolved through normal discussions. Early advice can help you understand the strength of your position, avoid taking steps that could disadvantage the organisation and explore opportunities for resolution before the dispute escalates.

You do not need to wait until court proceedings have been threatened. A solicitor can often help at an earlier stage by reviewing the relevant documents, advising on your options and helping you approach negotiations strategically.

No. Many contractual and commercial disputes can be resolved without court proceedings through negotiation, mediation or another form of alternative dispute resolution.

The most appropriate approach will depend on the nature of the dispute, the parties involved and the outcome your organisation is seeking. Where a commercial or working relationship needs to continue, an agreed resolution can sometimes offer benefits that would be difficult to achieve through litigation. If court proceedings are necessary, we can advise on the process and represent the organisation throughout.

Charities can work with a wide range of organisations, but the proposed arrangement needs to be considered carefully. Trustees should understand how the collaboration supports the charity’s objectives and ensure that the charity’s funds, resources and reputation are appropriately protected.

Collaborations involving businesses, social enterprises or other non-charitable organisations may therefore require additional consideration around areas such as the use of charitable resources, commercial benefit, branding, decision-making and accountability.

Legacy disputes can arise for a number of reasons, including disagreements about the interpretation of a Will, uncertainty about whether a gift was intended for a particular charity, challenges affecting the validity of a Will or concerns about how an estate is being administered.

We can review the circumstances surrounding the legacy, advise on the charity’s potential entitlement and communicate with executors, beneficiaries and other parties involved. Where a dispute cannot be resolved through correspondence or negotiation, we can advise on the further options available.

Trustees should consider the potential value and importance of the claim alongside the likely legal costs, risks and impact on the organisation. The prospects of achieving the desired outcome and whether there are realistic alternatives to formal proceedings should also form part of the decision.

Obtaining legal advice can help trustees assess these factors and make an informed decision about how to proceed. Keeping a clear record of significant decisions and the reasons behind them can also be important where substantial charity resources may be committed to resolving a dispute.

Do not ignore it or respond substantively without first understanding your position. Make a note of any deadline, preserve all relevant documents and correspondence, and seek legal advice as soon as possible.

You should also check whether the matter may be covered by an insurance policy, as insurers can impose notification requirements. Providing your solicitor with the correspondence and relevant background information at the outset will help them quickly assess what action may be required.