Accuracy Matters When Leaving Legacies to Charities

Leaving Legacies – Knipe v British Racing Drivers’ Motor Sport Charity & others

When it comes to leaving legacies to charities, it’s not uncommon to find drafting errors in a Will. It might be that the charity no longer exists when the person dies, or the recipient isn’t correctly named.

The recent case of Knipe v British Racing Drivers Motorsport is an excellent example of the issues caused by a lack of accuracy or ambiguity in the wording of a Will. Making sure your Executors can administer your Estate without calling on the Courts to settle the matter, is very important. Failure to include the correct wording may mean your gifts fail and your family is left to handle the fallout.

Context

This case concerned the Estate of Barrie Williams, who died in September 2018. He was survived by his long-term partner and fiancée Kathryn Marshall and his mother, aged 105. His Will stipulated that his fiancée Ms Marshall could live in his house for the rest of her life, whilst his share in another property, was left to his mother. The remainder of his Estate, or the residue, was left to four named charities. Everything seemed to be in order.

Ambiguous Wording

However, when Barrie died, two out of four specified charities did not exist. To settle the matter over who should inherit, the Executor was obliged to refer the matter to the Courts. Unfortunately, until the Courts reached a decision, the Executor could not settle the Estate and beneficiaries would receive nothing.

There were no available records relating to Barrie’s instructions when he made his Will, so the Court relied on “construing the words in the Will in the context in which the deceased used them”. In other words, the Court had to work out what Barrie would have wanted from facts about his life at the time.

Barrie was a professional racing driver before he had retired and had belonged to The British Racing Drivers Club. So, in the absence of a plausible alternative, the Court decided that this charity (not The British Racing Drivers’ Club Benevolent Fund specified in the Will), was the one Barrie had meant to name. They should receive the first legacy.

The ‘Cancer Research Fund’ was the second of the remaining two charities. When Barrie made his Will, four subsidiary charities had used this name. At the time of his death, they no longer existed. As Barrie did not appear to have any particular connection to any one of these charities, Mr Justice Matthews concluded this ambiguous wording referred to the ‘general purpose of cancer research’. Consequently, the Executor should decide which charity should benefit.

Our Advice

In practice, the Courts try hard to preserve charitable legacies in such cases. So, depending on the available evidence, the deceased’ wishes are carried out. However, in this case, as with so many, the ambiguous wording included in Barrie’s Will caused unnecessary expense and considerable delay.

If you are considering leaving a legacy to Charity, make sure a professional advisor draws up your Will. They will record your instructions and make sure provision is made for your Executors to select a charity with a similar purpose, should your chosen charity no longer exist. That way, everyone benefits. Your Estate will remain intact. Your Executor will be clear about your wishes, and the charitable causes you hold dear will benefit from your generosity.

If you need further information or advice about drawing up a Will or amending one you already have, please contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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