Solicitors and Executors

The three main types of gifts in Wills are pecuniary, specific gifts and residuary gifts.

A pecuniary legacy is when somebody leaves a specified sum of money in their will.  For this type of gift, please:

• Inform us with a note of your details, deceased’s details, and a description of the gift
• A copy of the Clause in the Will containing the bequest or written confirmation of the wording  

A specific legacy constitutes a gift of a particular item, such as property, antiques, collectables and shares. Initially please provide:  

• A note of your details and deceased’s details
• A copy of the Clause in the Will containing the bequest  
• A brief description and relevant information concerning the item gifted

A residuary legacy involves leaving a percentage of an estate after settling other legacies, and once all debts and payments have been deducted.  For this type of legacy, please send us:

• A copy of the Will and any Codicils
• A breakdown of assets and liabilities
• Valuations of significant assets
• At the end of the administration – a copy of the estate accounts and tax deduction certificate (Form R185)

On receipt of the information, our legacy team will be able to provide guidance with any further requirements. Where the estate is particularly complicated, we can offer support and assistance with any issues that may arise. 

While, in general, we favour receiving the proceeds from the sale of property or shares gifted to Dogs Trust in a Will, it's important to note that each case is unique. Therefore, prior to initiating any steps to transfer or sell the property or shares, we kindly ask that you reach out to us for further guidance. 

Charities, such as Dogs Trust, are exempt from inheritance tax. Gifts made to Dogs Trust are typically paid from the estate without any tax deductions and before tax is calculated. 

Charities are also not subject to capital gains tax. To ensure the exemption, executors use the appropriation process to sell assets such as property or shares on behalf of the charity.  This allows the sale to proceed without the requirement to pay capital gains tax. 

Additionally, we can reclaim income tax deducted at the source from the estate's income.  

Each case differs and timing is important. Understanding these rules can be complex, and to prevent the estate from incurring unnecessary taxes, we recommend seeking advice.  For more information, please review the guidance at gov.uk.  

Where the contents of a property and specific items are gifted to us and they have modest value, we kindly request that the Executors take them to one of our local charity shops.  If a Dogs Trust charity shop is not located nearby, we are happy for the items to be donated to any charity shop in the area.  

It is not our usual practice to collect items routinely, we may consider exceptions under special circumstances. For valuables or unique items, such as stamp collections and artwork, where we can, we will rely on the expertise of professional auctioneers or retail specialists for their assessment and sale. In such instances, we will make tailored arrangements for handling these items.