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Charities as executors of wills   Message List  
Reply | Forward Message #116 of 964 |
Hi there

I came across something today when I was speaking to one of our
supporters who wants to include us in his will. He told me that his
will had just been updated and at the moment he was leaving his
entire estate to another charity because one of their Legacy Advisers
had visited him and arranged it all for him. I asked if he had gone
through a solicitor and he said that this lady had done it all for
him through the charities head office in London. I didn't take this
too seriously at the time as he obviously had misunderstood the
process that the charity had gone through to update his will. But it
did ring alarm bells later as I got the feeling he really didn't seem
to know what had happened to his will and swore that a solicitor had
not been invovled. The charity in question is a large national one so
I would guess their procedures are entirely above board but I looked
at their website and read a "Case Study" of a couple who had gone to
the charity for help in writing their will as they saw them as being
able to provide impartial advice! Then it goes on to say that the
charity was made Executor of their will and that they left a legacy
to that charity to cover the costs of this. So I have a few questions

1 - Can a charity be an Executor of a Will?
2 - Can charities promote themselves as being impartial advisors to
people who need their will updating?
3 - Can charities encourage someone they are "advising" to leave them
a legacy to "cover the advisors costs"

I would really appreciate any guidance on this from someone with a
bit more experience than me!

Thanks








Wed Nov 14, 2007 4:23 pm

charlottelau...
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Message #116 of 964 |
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Hi there I came across something today when I was speaking to one of our supporters who wants to include us in his will. He told me that his will had just been...
charlottelaurafletcher
charlottelau...
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Nov 14, 2007
7:34 pm

Hi Charlotte I suspect you'll get a bunch of divergent opinions to this one. Yes, a charity can be an executor of a Will and yes, the charity can benefit under...
Duncan Bell
sjdevlin76
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Nov 15, 2007
11:44 am

I would only add that to act as Executor (even if the work is delegated to an external solicitor) the charity needs to be a registered Trust Corporation, and...
Ian Clark
diochi2001
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Nov 15, 2007
12:53 pm

Hi Charlotte, My thoughts converge with Duncan's on your question. I would however, in dealing with an individual inquiry, have a stronger response to the...
Richard Hick
eurospheric
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Nov 15, 2007
1:43 pm

Hi Thanks everyone for their advice, it's certainly been a learning experience for me! I have actually heard from the charity in question, they obviously ...
Charlotte Fletcher
charlottelau...
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Nov 15, 2007
1:43 pm

Hi All Charlotte's questions refer to our Wills Advice Service so I've given some background information below. If anyone would like any more info on what we...
claireroutley
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Nov 15, 2007
1:43 pm

It is always refreshing to get good debates going on the smart group and I must support Ian is his request to get you all to read the IoF guide – I think...
Richard Radcliffe
legacydick
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Nov 15, 2007
7:41 pm

Hi again all I thought I'd drop you a quick update on this. We've been able to identify the gentleman concerned - he has been a supporter of the charity for a...
claireroutley
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Nov 15, 2007
7:41 pm

Hi everyone I'd just like to say that a really good thing to have come out of this debate is that I am now working with the legacy team at Help the Aged to ...
Charlotte Fletcher
charlottelau...
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Nov 16, 2007
9:40 am

Dear Charlotte I have been on holiday and therefore just seen this very interesting discussion. I would say that Help the Aged is in a very special position...
Lynne Nesbit
lynne@...
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Nov 26, 2007
9:30 am
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