A solicitor at a major law firm has noted a three-fold rise in the volume of disputes over legacies donated to animal charities.

Nicola Marchant, contentious will and probate expert at the 160-year-old Pannone solicitors, a large legal firm with a staff of 600, advised that gifts left to animal charities are proving particularly unwelcome by disgruntled families.

"The economic climate has undoubtedly led to a rise in those seeking to challenge the contents of a will," she said.

"Interestingly, most of those challenges concern legacies and gifts to charities for animals. It doesn't seem to matter whether the gift is only a few thousand pounds or the entirety of a £1m-plus estate. It seems that in tough times, we are not quite the nation of animal lovers we once were!"

Marchant said that disputes are being fiercely fought with charities increasingly less willing to back down. Warning of the financial risks of fighting a legacy, Marchant said: "In a climate where donations are falling, charities are vigorously defending their position all the way. Families have to fund the litigation privately because they cannot get access to the monies in the estate. Litigation is lengthy and can cost up to £100,000 which they will only get back if their case is successful."

The solicitor advised that she has seen a number of cases where entire estates worth £1m have been left to animal charities, despite the owners having relatives:

"There is a stereotypical image of single, elderly people without children of their own leaving everything to the local cats' home, but in reality there are a number of cases where even children have been left out of their parents' wills completely in favour of charities, in particular animal charities."

Donkey sanctuaries in particular are favoured charities, she advised. 

'Think of your family first'

Legacy income is worth almost £2bn annually to the charity sector. Legacy facilitator Remember A Charity has four animal charities on its register. Its director Rob Cope said that while legacy income is vital for the charity sector,  "we always encourage donors to take care of friends and family first and charity second". 

However when charities are made beneficiaries, Cope said it is a legal responsibility for the charity to respect that:

"The wishes of the deceased must be honored and charities have a legal and moral responsibility to defend wills in which they are named. 

"However, contentious cases that go to court can be hugely damaging for public trust and therefore legacy income. That’s why Remember A Charity’s work with solicitors, will-writers and the wider charitable sector is so vital. 

"Only by working together can we ensure that we strike the right balance between the wishes of the donor and promoting a vital source of income.”