Suggested Wording for your Solicitors
We recommend that you seek professional advice when drawing up
a will, and the suggested wording below is intended to help your
solicitor or professional advisor with specific points relating to the Church.
A legacy of a share in your residuary estate to a church
might be simply expressed in a will as: I give x% of my
residuary estate free of all taxes to the Parochial Church Council
of St Richard's, Mytown in the diocese of Chichester and its
successors for its general purposes, and I declare that the
receipt of an officer of the Council shall be a sufficient
discharge to my executors.
A pecuniary legacy for a fixed amount of money given to a
charity such as the Church and Community Fund for the benefit of
parishes across the nation might be: I give to the Church and
Community Fund of Church House, Great Smith Street London SW1P 3NZ,
the sum of ŁNNNN free of all taxes for its general purposes, and
I declare that the receipt of an officer of the charity shall be a
sufficient discharge to my executors.
Notes
1. In the days of handwritten or typewritten wills, any amendments
to an existing will were done by writing a separate codicil
(amendment) document. In these days of word processors, most
solicitors will simply produce a new up-to-date document to sign,
as this is cheaper and more secure.
2. Legacies to the church should be made payable to the Parochial
Church Council (PCC) as the legally accountable body, not to the
Incumbent and Churchwardens.
3. If the donor would prefer the PCC to use part of their legacy
for some particular purpose in the church, they are advised to
write a non-binding letter to their executors setting out their
wishes, and store it with the will. The PCC will then consider
their request, and will normally do their best to meet it in the
light of the church's circumstances after their death.
4. If there are several churches in a parish, legacies can be
restricted to a particular church by saying something like
"for the general ministry purposes connected with St Swithun,
Mydistrict".
5. PCCs are legally excepted from having to register with the
Charity Commission, so do not have a unique charity registration
number. The current exception is granted under section 3(5) of the
Charities Act 1993 by the Charities (Exception from Registration
and Accounts) Regulations 1996 (no 180) as amended by The
Charities (Exception from Registration) (Amendment) Regulations
2002 (no 1598).
6. A solicitor may want to include phrases in a legacy to your
church like "to be applied both as to capital and
income"; or "for such purposes specified in the
Parochial Church (Powers) Measure 1956 (Section 5) as are
charitable". Solicitors may suggest other wordings of
charitable legacies to suit particular personal circumstances and
wishes.
7. Remember that witnesses to a will or codicil must be
independent and cannot receive any benefit. So if a church is
going to benefit from a legacy, the document should not be
witnessed by any of the clergy or parish officers.
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