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LATEST NEWS & EVENTS Courts 'ignoring charity legacy wishes'  People seeking advice on wills and inheritance tax planning will need to ensure they make it clear they want to leave money to charity to avoid disputes and court judgments going against their wishes. According to the Society of Trust and Estate Practitioners (STEP), recent cases have seen the courts award money to relatives, even when the testator intended not to do so. The society's director of philanthropy Keith Johnston said: "On the one hand the law has always said that you can leave your money to whoever you want, but you need to be aware that the courts are increasingly taking the view that relatives can be entitled to funds even where the will rules this out." However, there are steps that can be taken to avoid a will being contested at a later stage. The role of a trained solicitor is important, as Mr Johnston suggests it is vital the person receiving instruction on the dispersal of the estate "asks all the appropriate questions". Taking detailed notes of the testator's wishes and giving a full explanation of the repercussions of their will can help avoid disputes, he said. Most of the cases where legacy donations to charities have been questioned have occurred because there was no such evidence, Mr Johnston added. Jeremy Tucker, head of private client at Lamport Bassitt, commented: "It does seem that we are seeing more litigation involving wills than has been the case in the past. Claims against wills can result in the provisions of a will failing entirely if it can be shown that the individual did not have sufficient capacity to make a will, was subjected to undue influence or did not know or approve of the contents of the will in question. "The recent case of Iloot V Mitson is certainly very significant. In this case the daughter had been estranged from her mother for some 26 years. Nevertheless the Court of Appeal ruled that it was unreasonable for the deceased’s daughter to receive nothing under the will. He continued: "Therefore, it would seem that individuals when making a will should put together evidence together with their solicitor to enable the executors to defend the position should a claim arise. "It should be remembered that in the above case that the bulk of the estate still passed under the terms of the will to the deceased’s intended beneficiaries. So, despite the increase in claims it is still worthwhile to have a valid will." 
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