ILM Blog: The Legacy Sector is facing a big problem and we need to start talking about it

As members will be aware, Paul Browne has recently joined the ILM as our Head of Professional Standards. In the first of a new series of blogs, Paul shares an uncomfortable truth about his experience during his first two weeks on the job.

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Hi All, 

I will be writing a regular blog of what I am getting up to out in the sector, so here is my first update! 

The nub of the problems we face 

So, my first day at the ILM included an email exchange followed by 2 phone calls with a disgruntled executor which highlighted an issue which seems to be all too common.

The executor is administering his father’s estate and has received a shower of demands from all the charities in the will individually. 

He was very reasonable and understanding of the charities need to gain information, but dismayed at the subtly different demands from all the co-beneficiaries and the different tone and approach taken. 

Key things to take from this: 

• No one had spoken to him…… 

• He was not technically minded and needed guidance on what a set of estate accounts were. 

• He will not be doing a spreadsheet but handwriting the accounts on sheets of paper. 

• He had already been challenged to provide R185’s and was most bemused that, despite the charities knowing he was a first-time executor, they just kept throwing jargon at him. 

Now, after I had been on the phone for a period of time, I asked him how he had got ILM’s details, he responded that one of the beneficiaries had sent him the ILM guidance for executors! 

Now, my feelings on this whole situation are quite clear: 

• Why had none of the very professional legacy administration people picked up the phone? 

• Why had a lead charity not been arranged between the co-beneficiaries in this clearly appropriate situation? 

• Why are we throwing jargon at a lay executor this early in the process? 

• How did we recognise his struggles with his duties yet the sum total of our effort was to send him an ILM Factsheet? 

Look, I better than anyone, realise we are busy and under pressure, but all the signals were there to see on this matter, from the initial communications with the charities involved (no, I am not telling you who). 

Where were my 3 P’s in all this?? 

What was the plan? Arranging a lead where there are several of you, without waiting for the lay exec to ask? 

Where was the pragmatism? Did we consider whether we should be demanding various things from the gentleman? 

Did we really feel it was proportional to demand, without understanding who we were dealing with? 

I absolutely understand how tough our role is, and the pressure within our organisations to deliver. But we need to consider how this sort of behaviour will impact both our efficiency and our reputation as a sector.

This gentleman has absorbed many hours of each of the charities time, my time now, and up to this point, had a pretty unfortunate impression of our behaviour. 

We very much need to approach administration in that fabulously collaborative way, only the legacy administration sector can, on a more regular basis. 

We really need to have a conversation as a sector about how we do this better, and we need to very seriously, and urgently, start work on this area. This was the first of 2 similar calls I had within less than a week of starting my role. I know Matthew, as CEO, has been in receipt of similar communications regularly. 

I love what we do as Legacy Officers, but I honestly am embarrassed by having to have these conversations. We just keep making our lives harder and our reputation as a sector is getting hammered out in the real world. 

So, I ask again, as I did in my introduction at ILM, let’s work together with passion and commitment to get this right. I cannot do this on my own – I need all of you to work with me to drive our improvement across the whole charity sector. 

A glimpse of the future 

We have recently published a new guidance note on dealing with royalties and I am very grateful to ILM Members Sarah Thomson & Sarah Morgan for their contributions to help me bring this together.

This is very much how I would like us all to work together going forward – ideas, needs and collaboration to move things forward fast. So go on, chip in where you can and help us bring real positive change across the sector.

End on a positive! 

I had a wonderful catch-up with the team at Withers this week. Their energy and commitment to working with charities, and support for the indemnity project send a powerful message about their long-standing dedication to the sector. Please consider our excellent Corporate Partners whenever you need support. 

As always, I look forward to hearing from you. 

Paul 

[email protected]