Commentary

185 Provision for family and dependants

CHARITIES AND CHARITABLE GIVING vol 6(2)
| Commentary

185 Provision for family and dependants

| Commentary

185 Provision for family and dependants

Sometimes a testator’s intention to benefit charity is restricted or frustrated by his failure to make reasonable provision for a spouse, cohabitee or dependant. Most charities when faced with a viable claim1 prefer to reach a compromise rather than risk a court hearing and probable adverse costs consequences. There is a general power under the Trustee Act 19252 to enter into compromises, but the trustees should, for their own protection, seek legal advice before committing themselves. In cases of special difficulty they may also wish to seek the sanction or advice

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