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Charity Legacy Experts Practical advice on Legacy Issues

Legacy issues

– how

we can help you

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.


Legacy Team what we can offer

Not only does Stone King have a recognised expertise in acting for charities in the context of their regulation 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 clients with a highly skilled and professional legacy service.

Legacy realisation service Having problems realising your charity's legacy? In our experience a Solicitors' letter can sometimes work wonders and we can help by sending a preliminary letter to the Executors followed by a firmer second letter if no response is received for a guaranteed fixed fee. Our charges are £150 plus VAT for a simple pecuniary legacy and £250 plus VAT for a residuary legacy. We will also send you a report letting you know what response we have received and what further action we would recommend and an estimate of the costs 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 Jon Moore by telephone on 01225 324465 or by e-mail:

Contentious cases Our Philosophy Working with you to achieve the best outcome for your charity in the most cost-effective manner including using, wherever possible, alternative methods of dispute resolution to court proceedings such as mediation and negotiation in appropriate cases.

Non-contentious expertise

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

Areas of work: ◆

Challenges to the validity of the Will

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

• lack of testamentary capacity


• undue influence • want of knowledge and approval claims ◆

The requirements and application of section 36 of the Charities Act 1993 which requires charities to obtain expert

Inheritance (Provision for Family and Dependants) Act 1975

advice from a qualified surveyor as to the disposal or


otherwise of property left to them in a Will.

Claims regarding execution of Wills and non-compliance

Applying for all types of grants of representation and acting

with Wills Act requirements

generally in the administration of an estate on behalf of

Claims for rectification of Wills


Issues of interpretation

Issues of entitlement, including ex-gratia claims

Oversight of administration of the estate by executors

Disputes with Executors and applications to the court for

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.

directions regarding the administration of the estate ◆

Applications to the court for production of estate accounts

Applications to the court for the removal and substitution

as personal representatives of estates where the charity is

Acting as appointed nominees on behalf of charities to act unable to act as such.

of Executors of the estate ◆

Due to the nature of estate administration our work can be very wide-ranging and will vary from estate to estate,

Providing training sessions to charities to advise them on

Issues and disputes concerning the disposal of assets

legacy administration and estate taxation issues either with

Professional negligence claims for negligent drafting and

specific one-to-one in-house training or group workshops

negligent advice

and seminars.

Advice under section 29 and authorisations under section

Reviewing and drafting legacy literature for charities and devising legacy-giving policies for charities.

26 Charities Act 1993 ◆

Trust administration (a charity may be named as a remainder beneficiary) and the requirements to balance the needs of the life tenant with the remainder beneficiaries.

Applying for Trust Corporation Status.

Charity Legacy Team Jonathan has over 30 years’ experience in legacy matters and offers a unique

Jonathan Burchfield

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.

T: 0207 3241736

Paul has 19 years’ post qualification experience of dealing with contentious

Paul Sutton

cases involving a wide range of issues. He is a member of ACTAPS and of the


Institute of Legacy Management. T: 01225 324468

Robert Meakin has 20 years’ experience of advising charities on legacy issues

Robert Meakin

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.

T: 01223 451341

Jon qualified as a solicitor in 2008 and has experience in a broad range of

Jon Moore

civil litigation matters including commercial conflicts, property litigation,


contentious probate and professional negligence. Jon trained and qualified

at a regional firm based in Bristol prior to joining Stone King in May 2011.

T: 01225 324454

Kerry qualified as a solicitor in 2007 and is an experienced member of our

Kerry Rogers

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

T: 01225 324480

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. Bath ◆ London ◆ Melksham ◆ Cambridge

Stone King LLP - registered limited liability partnership no OC315280, registered office 13 Queen Square, Bath BA1 2HJ T: 01225 337599

© Stone King LLP 05/2012