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Charitable Bequests: Post Death Problems

Francesca Quint examines some of the problems that can occur in trying to fulfill bequests to charities.

1 May 1997

Charitable Bequests: Post-Death Problems

Francesca Quint examines some of the problems that can occur in trying to fulfill bequests to charities.

In a previous article (Volume 2, Issue 2), I outlined the options available to an intending testator who wished to leave some of her wealth to charity, and drew attention to some of the pitfalls to avoid. I now wish to consider what can be done when executors find that the charitable gift cannot be carried out, or not according to the provisions of the will.

Misdescription

Solicitors (and other will writers) are not always as careful as they could be when drawing up a will to give the correct name of the charity which is intended to benefit (let alone its registration number, if any). How then can the executors give effect to a gift to a charity which does not appear to exist?

If ,on enquiry, the charity named in the will is not on the central register of charities at the Charity ...

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