Bequests in wills and trusts can be a considerable source of income for charitable organizations. Over the past few years, as members of the charitably oriented “baby boomer” generation enter their 60s and 70s, such bequests have become increasingly common. An attorney for a charitable organization­—receiving a notice that an individual has died and left a considerable sum to the organization in his or her will or trust instrument—should be prepared to provide appropriate advice to the client on how to proceed.

What is the best way to ensure that the estate or trust is properly administered, and that the interests of the client are protected? A number of issues can arise in representing charitable interests in these trust and estate proceedings.

Testamentary Capacity

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