Sweet charity

Alex Truesdale
April 2023 • 10 min read

Sweet Charity

Will writer Alex Truesdale has championed the inclusion of charitable giving in Wills since joining the “Remember a Charity in your Will” campaign in 2011. Alex prepared a Will for veteran stuntman Rocky Taylor, including a gift to the Variety Club of Great Britain, which he signed shortly before recreating an infamous stunt involving jumping off a 40 foot high inferno at Battersea Power Station.

Ten years later, the devastating impact of COVID upon the third sector means that it is ever more reliant on charitable donations – of which legacy giving makes up 16%. Thankfully HMRC recognises the importance of charitable giving, allowing an unlimited inheritance tax (“IHT”) exemption on gifts to UK registered charities – saving 40% IHT.

We asked Alex for her top tips when considering including legacies to charity in your Will:

Remember to check that your chosen charity has been officially recognised and has a Registered Charity Number or “RCN” – this also helps with the identification of the recipient organisation if there has been a name change or an amalgamation;

If you wish to donate internationally, contact the charity – it may be possible to make the donation through a UK local branch or recipient charity in order to qualify for the IHT exemption;

Consider a Letter of Wishes to specify how you would like your donation to be applied by the recipient charity – you may wish to specify that it is directed to “charitable purposes” only, or to support a particular campaign or project, instead of covering administrative and staff costs;

Donations of 10% or more of your overall estate will not only qualify for an IHT exemption but, if drafted correctly, can also entitle your estate to a discounted rate of IHT of 36% on non exempt gifts, effectively bringing the estate’s tax bill down by 10%. You can consider capping the gift in the interests of certainty but remember this might cause the loss of the discounted IHT rate if your estate value rose by the time of your death;

If you are considering a donation of a percentage of your total estate, ramping this up from single digit percentages to 10% can result in a win-win whereby the charity (and in certain circumstances, your remaining beneficiaries!) all receive more at the expense of HMRC;
And finally…never leave your executors in the invidious position of having to decide which charitable beneficiaries should benefit in your Will. Once Wills are admitted to probate they are public documents – this can lead to a flood of “begging letters” by charities keen to press their case.

For further details or to order a copy of Alex Truesdale Wills Limited’s brand new 36-page Client Guide please contact Alex on 07887 946557 or alex@alextruesdalewills.com

Please note that this content has been taken from our Autumn 2021 Spotlight edition, facts & figures may have altered

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Sweet charityJemima Thomas2023-12-01T12:12:34+00:00

Leaving a legacy behind

Most of us want to leave a legacy – whether that be children, grandchildren, a financial inheritance, making an impact in our job or the charity we support. But what if our legacy can be bigger than that … ?

Having just had England’s hottest Summer on record, it feels poignant to think about the small steps we can take in the ‘here and now’ that lead to achieving bigger picture goals in the future. With harsher, colder Winters becoming a growing reality and hotter, drier Summers becoming the new norm, we must ask ourselves – what are the small things that we can do in our everyday lives that will help slow down these potentially drastic climate changes?

There are lots of things we can do and we know that many of our clients take this responsibility very seriously, but here are some of the things that are important to me personally and that I have made a conscious choice to be mindful about:

Reducing meat consumption

Cutting down on meat consumption is a big way that we can impact our environment – particularly since the way that we currently farm is not sustainable. Forests and habitats are cut down to provide space and to grow feed for animals – which leads to reduced biodiversity. Cutting down rainforests to use the land for beef farms also has a direct link to how our water cycle works

Purchasing locally grown food

Eating local produce reduces fuel emissions that result from importing food from across the world

Supporting organic farmers

Whilst organic food is more expensive, it supports our ecosystems. Pesticides (used in producing non-organic products) have been linked to causing hormone imbalances (amongst other things) in the body, all of which can cause a whole host of health issues. It is currently legal in many countries across the world to use pesticides that kill pollinating insects – which as we know are crucial for the health and future of our ecosystems

Changing travel routines

Walking or using a bicycle is a great way to stay fit and healthy, as well as keeping our environment free of pollutants. Using public transport or car sharing is a good way to lower our carbon emissions. Thoughtfully choosing a car that can be charged using electricity or has a good C02 emissions rating or thinking about whether or not your family really requires multiple cars is all about being mindful of our decisions and the impact that they have globally

Reusing and recycling

There is so much unwanted household waste from clothes and furniture to broken TVs and toys that children have outgrown. Trying to fix things that are broken instead of automatically throwing them into landfill or giving things away to someone who might need them are two ways of getting the most use out of our possessions

I hope this brief look at the changes I am trying to make in my own life has motivated you to also think about the future we’re creating for the people we leave behind. Together hopefully we can begin to reverse some of the effects of climate change … small stones to create larger ripples.

You can read more articles about Pensions, Wealth Management, Retirement, Investments, Financial Planning and Estate Planning on my blog which gets updated every week. If you would like to talk to me about your personal wealth planning and how we can make you stay wealthier for longer then please get in touch by calling 08000 736 273 or email info@solomonsifa.co.uk

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Leaving a legacy behindJemima Thomas2023-12-01T12:12:43+00:00

Where there’s a Will – part 2

Solomons-financial-advisor-wimbledon-blogger

Where there’s a Will – part 2

I asked Alex Truesdale for her thoughts on the ruling by the Court of Appeal and am thankful for her very valuable insight, here are her thoughts and observations.

The Court of Appeal’s judgment in this long-running dispute confirms that disinherited children are permitted by a 1975 statute to challenge their parents’ Wills if reasonable provision for their maintenance is not made. “Maintenance” means the child’s cost of daily living at whatever level is appropriate to them. The question of what is “reasonable” is dealt with by the court exercising its discretion to consider a number of factors laid down by statute, including the child’s needs and circumstances, the needs and circumstances of the beneficiary who has inherited instead, and the parent’s conduct. Here, Arden LJ endorses the lower court’s description of Melita Jackson’s conduct towards her daughter Heather Illot, since their 1978 estrangement, as “unreasonable, capricious and harsh”, before replacing the lower court’s £50,000 award with a sum of £163,000. This, Arden LJ reasoned, would allow Mrs Illot to purchase her house, receive a modest income, and potentially arrange a pension through equity release, all without compromising her state benefits.

This is not new Law

None of this is new law. But it is inevitable that this high profile victory for Heather Ilott – albeit one which sees her receiving just over 1/3 of her late mother’s estate – will encourage further challenges to Wills which seek to disinherit family members, particularly if there is no connection between a testator and the charity which has benefited from a windfall legacy. A costs order has yet to be made but will be considerable: Melita Jackson’s insistence that her executors defend to the hilt any attempt by her daughter to contest the Will will already have eroded the value of her estate, and so now the charities themselves face a smaller residual legacy and their own costs bill. There may be a further appeal to the Supreme Court, but I would suspect that the charities will take a view on the reputational as well as financial damage they risk in prolonging a dispute which has run since 2004 and, arguably, since the estrangement in 1978.

Where does this leave testamentary capacity? Much as it was before – the award made in this case turns on its own facts, and does not represent any further curtailment of one’s freedom to leave one’s estate as one pleases, so we should all still be making Wills.

Think ahead and think carefully

However, I would encourage those who do wish to exclude family members from their Wills to leave contemporaneous evidence of their reasoning not only to exclude a particular beneficiary, but also to favour other beneficiaries. This is particularly important if, in the case of charities, the testator has no connection with, or history of donations to, charity during their lifetime. I have been instructed on a number of cases where we have done just that by way of a side letter, to try to avoid the washing of too much dirty linen during probate, a process which makes Wills public. And those asked to act as executors should always check whether they are risking accepting a poisoned chalice that may compel their involvement in a protracted legal battle. As in this case, that may, sadly, become the testator’s most enduring legacy.

Alexandra Truesdale MIPW

Alex Truesdale Wills Limited | Registered in England and Wales no 7275445 | Registered office: 27 Mizen Close Cobham Surrey KT11 2RJ

Alex Truesdale Wills Limited is a member of the Institute of Professional Willwriters and complies with its Code of Practice

Where there’s a Will – part 2Dominic2023-12-01T12:20:06+00:00

Sweet charity

Sweet Charity

*Please note that this content has been taken from our Autumn 2021 Spotlight edition, facts & figures may have altered*

Leaving a legacy behind

Leaving a legacy behind

Where there’s a Will – part 2

Where there’s a Will – part 2

This is not new Law

Think ahead and think carefully

Please note that this content has been taken from our Autumn 2021 Spotlight edition, facts & figures may have altered