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Charity Legacy Experts Practical advice on Legacy Issues

For immediate, high quality cost-effective legal advice, we’re here for you.

Why Stone King? Legacies represent your charity’s future. At Stone King LLP we are conscious that legacies need to be carefully nurtured so that the seeds planted by your supporters have room to grow and reach maturity. As corporate partners of the Institute of Legacy Management, our legacy team is dedicated to helping you maximise your legacy income in a way that is sensitive both to the needs of your supporters and the obligation on you to maximise your entitlement. What we can offer

◆ Disputes with Executors and applications to the

Not only does Stone King have a recognised expertise

court for directions regarding the administration

in acting for charities in the context of their regulation

of the estate

and administration but we also provide legacy advice to our charity clients. Our Charity Legacy Team unites the forces of our charity team and our strong and dynamic trusts and estates team which, together, provide our

◆ Applications to the court for production of estate

accounts ◆ Applications to the court for the removal and

substitution of Executors of the estate

clients with a highly skilled and professional legacy service.

◆ Issues and disputes concerning the disposal of


Contentious cases

◆ Professional negligence claims for negligent drafting

and negligent advice

Our Philosophy Working with you to achieve the best outcome for your

◆ Advice under section 110 and authorisations under

section 105 Charities Act 2011

charity in the most cost-effective manner including using, wherever possible, alternative methods of

Non-contentious expertise

dispute resolution to court proceedings such as mediation and negotiation in appropriate cases.

We work closely with charities to provide them with sound and accurate legal advice in the following

Areas of work: ◆ Challenges to the validity of the Will

• lack of testamentary capacity • undue influence • want of knowledge and approval claims ◆ Inheritance (Provision for Family and Dependants)

work areas ◆ Entitlement under the terms of Wills and the

nature of legacies left. ◆ All issues of estate taxation (inheritance tax, capital

gains tax and income tax) and the operation of charity exemptions.

Act 1975 claims ◆ The requirements and application of section 119 of ◆ Claims regarding execution of Wills and non-

compliance with Wills Act requirements ◆ Claims for rectification of Wills ◆ Issues of interpretation ◆ Issues of entitlement, including ex-gratia claims

the Charities Act 2011 which requires charities to obtain expert advice from a qualified surveyor as to the disposal or otherwise of property left to them in a Will. ◆ Applying for all types of grants of representation

and acting generally in the administration of an estate ◆ Oversight of administration of the estate by


on behalf of charities.

“An essential service that I would never wish to be without” Client feedback in Chambers ◆ Due to the nature of estate administration our work

can be very wide-ranging and will vary from estate to estate, dependent upon the circumstances of the deceased and the nature of their financial affairs. In every case we strive to provide a consistently professional service in all aspects of our work. ◆ Acting as appointed nominees on behalf of charities

to act as personal representatives of estates where the charity is unable to act as such. ◆ Providing training sessions to charities to advise them

on legacy administration and estate taxation issues either with specific one-to-one in-house training or group workshops and seminars. ◆ Reviewing and drafting legacy literature for charities

and devising legacy-giving policies for charities. ◆ Trust administration (a charity may be named as

Having problems realising your charity's legacy?

a remainder beneficiary) and the requirements to

In our experience a Solicitors' letter can sometimes work wonders

balance the needs of the life tenant with the

and we can help by sending a preliminary letter to the

remainder beneficiaries.

Executors followed by a firmer second letter if no response

◆ Applying for Trust Corporation Status.

is received for a guaranteed fixed fee. Our charges are £150 plus VAT for a simple pecuniary legacy and £250 plus VAT for

◆ Advice on possible ex-gratia payments and any

a residuary legacy. We will also send you a report letting you

applications to the Charity Commission for

know the response we have received and what further

authorisation under section 106 Charities Act 2011.

action we would recommend and an estimate of the costs

For further information on our services please go to

of any necessary further work by us. We are also happy for

you to split the costs of this service with any other charity beneficiary with a similar interest in the estate.

For further information about this service please contact Paul Sutton by telephone on 01225 324468 or by email:

Your Contacts Jonathan Burchfield London 0207 3241736 Jonathan has over 30 years’ experience in legacy matters and offers a unique depth of experience and combined knowledge of charity and estates law. He is a member of The Society of Trust and Estate Practitioners (STEP) and the Institute of Legacy Management.

Paul Sutton Bath 01225 324468 Paul has over 20 years’ experience of dealing with contentious cases involving a wide range of issues. He is a member of ACTAPS and of the Institute of Legacy Management.

Robert Meakin London 01223 451341 Robert Meakin has over 20 years’ experience of advising charities on legacy issues both in private practice and previously as a lawyer at the Charity Commission. He is the author of "The Law of Charitable Status: Maintenance and Removal" (CUP, 2008) and holds a PhD in charity law.

Rod Smith London 0207 324 1534 Rod qualified as a solicitor in 1998 and is the partner who heads the Trust and Estates team in London. He specialises in advising on, and drafting, complex Wills and trusts, Powers of Attorney, applications for Deputyship and the administration of trusts and estates, all of which often have an international element. Rod has had notable successes advising executors, trustees and beneficiaries of estates and trusts who have become dissatisfied with their previous solicitor’s advice and/or costs; he is always happy to discuss concerns on the 'phone or face-to-face and works to fixed fees. Rod is a qualified member of STEP.

Kerry Rogers Bath 01225 324480 Kerry qualified as a solicitor in 2007 and is an experienced member of our trusts and estates team. She often advises charities when they are a beneficiary under a will and has dealt with the administration of estates on behalf of charities where they have been appointed as administrators. She also provides a wide range of advice to charity clients regarding wills and the administration of estates. She is a qualified member of STEP and Solicitors for the Elderly (SFE).

The Legacy Advice Team is supported by a strong Trust and Estates Team based in London and Bath which includes Partners, Assistant Solicitors, Legal Executives and a Chartered Accountant, many of whom are STEP members or student members. This is complemented by our Charity Team, based in London, Bath and Cambridge, including five Partners, Assistant Solicitors and one Barrister.

Stone King LLP 13 Queen Square Bath BA1 2HJ Tel. 01225 337599 Fax. 01225 335437 16 St John’s Lane London EC1M 4BS Tel. 020 7796 1007 Fax. 020 7796 1017 Wellington House East Road Cambridge CB1 1BH Tel. 01223 451070 Fax. 01223 451100 © Stone King LLP 04/2013 Stone King LLP - registered limited liability partnership no OC315280, registered office 13 Queen Square, Bath BA1 2HJ