Legacy was left to charity that did not exist
Howard Lake | 4 November 2010 | News
An advertisement in a Belfast newspaper in relation to a charitable legacy highlights the issues that arise when a legacy does not provide accurate and up to date details of the charity.
The advertisement, which was placed by the Department of Social Development under the Charities Act 1964, said it intended to make a cy-pres scheme in relation to a charity bequest for £41,923. Cy-pres is a rule applied when literal compliance in relation to a bequest is impossible and the intention of a donor or testator is carried out as nearly as possible.
The DSD advertisement states that it intends to give the bequest to the National Autistic Society which is headquartered in London but has a branch in Northern Ireland because ‘the original gift cannot be carried out.’
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The bequest was from a women who died in 2007, having made her will in 1987. The will left the residue of her estate to the “Autistic Society for Northern Ireland, c/o Reverend TF Callon, the Rectory, Strand Road, Portstewart, Co Londonderry.” No such charity now exists and the Reverend Callon has no contact with an autistic charity, according to the advertisement.
In placing the advertisement, the DSD is fulfilling the requirements of Section 13 of the Charities Act which mandates the department to find the charity which is closest to the intentions of the donor.
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About Howard Lake
Howard Lake is consultant editor of UK Fundraising. He founded the site in 1994 and successfully sold it in 2022. As director of Giving X Ltd he is exploring growing giving on a massive scale.
He is the founder of Fundraising Camp and co-founder of GoodJobs.