When a charity named in a will has been removed from charity database

[Deleted User]

In their will, my relative left a specific sum of money to the local village hall management committee. The exact wording is "I give the following pecuniary legacy £xxxx to THE MANAGEMENT COMMITTEE, xxx Village Hall, for its general purposes."

No charity number was listed but I did manage to locate it on the charity database, where the Village Hall status is shown as "This charity has been removed from the Register."

I have located a "Community Association Limited" in the same village, which has a different charity number but seems to fulfil a similar function.

Should I give the money to this charity instead, as the successor charity?
Not sure if it is left to my discretion or whether there is a formal approval process for this.

Thanks for any guidance.

getmore4less

Is there a management committee for the village hall?

Apodemus

In my experience it would be quite unusual for a village hall to be registered as a charity. Most would be an unincorporated association run by a management committee. I would think that if you are acting as executor you need to be very certain whether the management committee for the hall still exists, before even thinking about transferring the legacy to a different organisation.

[Deleted User]

Thanks for your replies.


I've found out just now that the original Village Hall is now a derelict building, and the charity database entry for it says "This charity was registered on 20 Jan 1964, It was removed from the register on 17 Jun 2010. Reason for removal: Funds transferred (gi)." It does appear to have been registered as an charity, as if I search on the charity number it comes up with "xxxx Village Hall", with the aim of having community events etc.


I have no idea who used to be on its Management committee - but I think it might be an idea for me to try & find someone, to discover where its funds were transferred to.


There is "xxxx Village Community Association Limited" listed on the charity database, which has a different charity number from the original Village Hall. This Association aims to " to generate funds to build a new community facility".
And there is also a "xxxx Village Community Hall" built in 2015 (also called the "Village Hall"). Its web site says "The Hall is owned by a local community charity and managed through its Village Hall Management Committee".
So these two appear to be linked, and may actually be a replacement for the original Village Hall and the original Management Committee. I think I'll call the accountant on the Management committee for this new Hall and see if I can discover if they are directly linked to the original Village Hall. Hopefully that will be enough.

[Deleted User]

I looked up "xxxx Village Community Association Limited" in the beta.companies database, and for 2011, there is a Directors Report which mentions how 2 charities were merged in 2010 - the "xxxx Village Hall" and the "xxxx Village Community Association Limited" - as a result of a public meeting in 2009 - and the "xxxx Village Hall" ceased to be a charity in its own right in 2010.

That's the direct link I was looking for. So the pecuniary bequest for the "xxxx Village Hall" looks like it can be given to the "xxxx Village Community Association Limited".

Thank you for your replies, which made me dig a bit deeper.

getmore4less

Make sure the residual beneficiaries agree

[Deleted User]

Thanks for that advice. I have got the other executor's OK on this, but will now check with the residual beneficiaries.
If the residual beneficiaries disagree, is that the end of the matter....and the money goes into the residual pot?
Or can the potential replacement charity (which I've not contacted yet) challenge this & claim the money?
Thanks for any advice on this.
Ideally I'm looking to carry out my relative's wishes - just want to be sure the money is going to the right place.

Keep_pedalling

Dilbert999 wrote: »

Thanks for that advice. I have got the other executor's OK on this, but will now check with the residual beneficiaries.
If the residual beneficiaries disagree, is that the end of the matter....and the money goes into the residual pot?
Or can the potential replacement charity (which I've not contacted yet) challenge this & claim the money?
Thanks for any advice on this.
Ideally I'm looking to carry out my relative's wishes - just want to be sure the money is going to the right place.

If they disagree then I would suggest that you would need to take legal advice, although if the bequest is a small one that might cost the residual beneficiaries more than simply giving the bequest to the hall.

konark

What's it got to do with the residual beneficiaries, they have no say in whether you should honour specific bequests. If its in the will then pay it, even if the charity has changed its name or merged, that's what the testator wanted.

getmore4less

Potentially save a load of hassle to check residuals are happy with the conclusion.

Dox

getmore4less wrote: »

Potentially save a load of hassle to check residuals are happy with the conclusion.

Or stir up a hornet's nest....