Probate reporting overhaul ‘will improve charity legacy planning’, say experts

Charity legacy experts have welcomed an increase in the level of information charities receive around the probate of estates.

Under the overhauled system His Majesty’s Courts & Tribunal Service (HMCTS) will enhance information provided to charities around probate details, including more in-depth reporting on estates and the development of a ‘charitable estate indicator’.

Institute of Legacy Management (ILM) chief executive Matthew Lagden said that the new measures “will help charities to forecast future legacy income more accurately, access regular updates and information and, above all, realise gifts in a timelier fashion as waiting times come down”.

He added: “We are delighted that, after extensive consultation and dialogue with ourselves and Remember A Charity, HMCTS has been prepared to adopt the ideas we put forward.

“We thank HMCTS for their understanding and their positive commitment towards supporting the charity sector.”

Meanwhile, Lucinda Frostick, director of the 200 strong charity consortium Remember A Charity, added: “Legacy giving is a lifeline for thousands of charities and community-based organisations and, particularly during such tough times for the sector, any delays can have a hefty impact on charities and their ability to deliver services.

“We know that there is a way to go yet before much charitable income will be released from the probate system, but the recent progress and these new measures are great news for charities.

“In particular the ability to identify the proportion of charitable estates in the system at any one time really could be transformative. Not only will it help charities budget for likely legacy income, but it effectively hardwires the charitable ask into the application process, helping to normalise legacy giving to executors, solicitors, and others.”

Under the new measures regular updates and forecasts around legacies will be provided, including greater clarity on the level of estates help up in the legal system.

A programme of webinars for charities to provide further information will take place.

Also, a form field on digital applications will be added identifying whether an estate includes a charitable gift. This applies to two in five cases and will enable “better future tracking, forecasting and normalising the inclusion of charitable gifts in will”, according to Remember A Charity and ILM.



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