A man left a will dividing his estate between his brothers, two friends and an animal charity, the RSPCA. However, the RSPCA took the other beneficiaries to court. Its argument was that the deceased had left £300,000, the maximum that could be left in a will without being subject to inheritance tax at the time, to family and friends, and the rest to the charity. However, the deceased’s family believed he meant to leave his house in addition to the £300,000 which would bring the total to over the threshold for inheritance tax. The RSPCA were attempting to avoid the inheritance tax being paid from its share of the estate, which would have reduced the amount it would receive.
However, the judge dismissed the RSPCA’s argument and ordered it to pay the costs of the legal action. The charity was also refused permission to appeal. The judge criticised the charity’s attitude and the additional stress caused to relatives and family friends by the unsuccessful legal proceedings, commenting “The RSPCA really ought to have considered that the legacy I have determined it is entitled to was generous and ample provision out of the estate.”
If you wish to leave a legacy to charity in your Will, Lawson-West will draw up your Will so that it is clear what amounts or what proportion of your estate you want to leave to charity. We can also draw up a letter of wishes which outlines your reasons for dividing your estate the way you have decided, which we can store with your Will. Letters of wishes are not binding but can provide guidance to executors or family so that they can better understand your wishes.
If you would like to make a Will, please call 01858 445480 now or complete one of the on-line forms. You can make an appointment at any of our branches in Market Harborough, Wigston or on Uppingham Road in Leicester. We can also arrange a home or hospital visit if you are unable to attend any of our offices due to your ill health.
