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A terrible ruling (Wills)?

Re: A terrible ruling (Wills)?

Postby Denning » Fri Jul 31, 2015 12:20 pm

The judgment of the Court of Appeal appeared fair in my opinion and I believe that it will be highly unimpeachable if appealed. Good to see that Sir Colin Rimer, known to be a fair judge on the balance of probability, agreed to it as well.
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Re: A terrible ruling (Wills)?

Postby dls » Fri Jul 31, 2015 3:44 pm

I agree. It's the greed of the charities and their propensity and ability to enter into and fund this sort of litigation which I find so distasteful.

This is difficult for charities. I have been on either side of such disputes with charities.

The trustees of a charity have a simple duty in law to protect its assets. A gift to them in a will becomes an asset.
There have been times when certain large charities acquired a reputation for aggression in such situations, but in general such situations should be approached on an individual basis.
I find the creation of a class of charities 'with which the deceased had no connection' to be muddle headed. I know, for example of situations where a valid reason for a gift has only become clear well after the event.
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Re: A terrible ruling (Wills)?

Postby theycantdothat » Fri Jul 31, 2015 4:59 pm

I think we should also bear in mind that charities get lots of bequests and are therefore likely to feature in lots of contested wills. I do not see that defending each one makes them aggressive. They are doing no more than defending a major source of income. Anyway the point of this case is not who would have benefited at the daughter's expense.
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