Proceed with care: legacy disputes and the duties of charity trustees

Abstract

Charities litigating over legacies have received a considerable amount of negative press in recent years, much of which is, to some extent, unconnected with the legal merits of their position. With reference to recent cases and Charity Commission guidance, this article considers charities’ duties in relation to such litigation, and to what extent the reputational risks of litigation bear on those duties. It then examines the factors charities should take into account before deciding whether to litigate, and outlines some steps which can be taken to protect their position in the event that litigation is necessary.