How Legacies make a real difference to the Church

How Legacies make a real difference to the Church

Over the centuries, generous Church members have left gifts to their local churches in their wills. These gifts have often been transformational in helping their parish in its mission and in continuing to play its part in the unfolding Christian story of our country.

One parish received a legacy of £37,000. They used it to launch an appeal to build a new church centre to provide much-needed community facilities, and eventually raised over £650,000. Very often legacies are able to provide the initial funding that will unlock the generosity of others, both individual donors and trust funders, using matched funding etc.

Another church used a legacy to employ a children's and youth worker to work with local youngsters. Having a dedicated worker made a real difference to their ministry with young people.

Yet a third parish needed a new heating system to replace the one that blew up. It would cost £18,000 but the parish had very little in reserve. Then a legacy of £20,000 was left to them, and as well as replacing the heating system, the church path and steps were also repaired.

All these legacies have provided an ongoing opportunity to develop parish mission, as well as creating a lasting memorial for those who gave them. Your legacy could make a difference.

50% of adults could cause their loved ones unnecessary expense and problems after their death.....

Research shows that over half the UK adult population have not written a will so far.

Yet without a will that has been properly witnessed, UK law requires the Courts to decide how to distribute an estate according to a fixed legal formula. This takes time, incurs cost and almost certainly differs from what you really wanted. Many other adults have wills that are out of date, containing old addresses, or not reflecting their current family situation.

For nearly 500 years the Church of England has encouraged people to make a will. When Archbishop Thomas Cranmer wrote the first English Prayer Book in the 16th Century, he reminded parishioners to keep their wills up-to-date whilst they were still in good health, for their own peace of mind as well as to help their executors.

You are recommended to review your will regularly as things do change over time :

Out of date wills (e.g. old addresses, missing beneficiaries) can cause unnecessary complications, distress and costs for the surviving family and friends.
As family situations change your wishes may change.
The things you have to dispose of may change.
A new will can be made at any time with a solicitor, and shouldn't cost much. It may be tempting to write a will yourself, but home made wills can be dangerous, and leave your loved ones with problems. A will made with a solicitor or will writer is far more reliable.


Preparing to Make a Will
Here are 5 steps you may find helpful when considering making, or reviewing your will :

STEP 1: Decide what wishes you want represented in your will
Our checklist helps you plan a visit to a solicitor, by taking you through a range of topics including :
What you own.
How you want to leave it.
Who will carry out your will?
Guardians for children.
Charitable & Church gifts.

STEP 2: Choose a solicitor or will writer:
Decide which professional adviser you will use. Chose a solicitor or other professional and contact them to make an appointment. Many solicitors will offer a fixed price for straightforward wills. If you need help finding an adviser, the websites of both the Law Society or Society of Trust and Estate Professionals (STEP) offer lists of members or simply ask a friend.

STEP 3: Meet your solicitor:
Visit your solicitor to write the will. Take the completed Checklist with you. Your solicitor will advise how best to word your Will, although if you are leaving a gift to the church, you may want to take with you the "Glossary and Technical Wording" leaflet that we can supply to you. If your estate is large or complex, your solicitor will also advise whether you might benefit from additional tax planning consultations. Once you are happy that your will reflects your wishes, you will need to sign it in the presence of two witnesses. Most solicitors will arrange this for you.

STEP 4: Letter of Instructions :
Consider also writing a non-binding letter of wishes to accompany the will. This can cover a wider range of wishes you might like to express regarding your funeral, and also bring together information your executors may need.

STEP 5: Keeping your Will safe:
Decide where you will store your Will. You can either keep your Will at home or some solicitors may offer to hold it safely for you. Don't forget to let your family and executors know where it is.

Keeping your Will up-to-date.
Over time things change. The arrival of children or grandchildren, changes in family circumstances, moving house, and many other factors may cause you to want to change the wishes you want expressed in your will. We recommend that you make a note to review your will every five years, e.g. in years with significant birthdays ending in a 5 or 0.

Common Excuses for not making a Will
A recent market research survey of over 2000 UK adults found that 65% of respondents did not have a will. Amongst the common excuses were :

“I’m too young to think about dying”
Unfortunately tragic accidents do happen. Do you really want everything you own to be distributed according to a fixed legal formula? It is particularly important to write or amend your will if you get married or start a new civil partnership, and to appoint potential guardians when you have children.


“I don’t have anything to leave”
But you probably do own a few treasured items that you would like to be passed on to specific relatives or friends. Without a will they will be sold (probably very cheaply) and any money used to pay legal costs or distributed according to an official formula.

“I don’t have the time”
Organising a will is straightforward and only takes a few hours of your time. It will save your family and friends much more time, trouble and expense after your death. It will also provide you with an opportunity to take stock of your life and possessions, and decide on future priorities.

“It’s too expensive to make a will”
Straightforward wills cost less than £100 from expert solicitors. At times you may find solicitors running special offers with reduced rates, or where you can make a donation to charity in place of their fee. If you are elderly and on a very low income you may be able to benefit from Legal Aid. Some charities subsidise wills for certain groups of people (e.g. those over 55).

“Thinking about dying makes me uncomfortable”
The old adage says “There are only two certainties in life – death and taxes!” If we care for those we love, we need to prepare for what is bound to happen at some unknown time in the future.

“I haven’t decided how my estate should be divided yet”
Your wishes (and your family/friends’ needs) will probably evolve over time as your circumstances change. But you can easily work out an appropriate sharing of your estate if you were unexpectedly to die in the next few months.
After that, review your will say every five years or when major life events happen (eg marriage/co-habitation, birth of a child or grandchild) and make simple adjustments as necessary.

“My partner will get it all anyway”
Not necessarily! Married spouses may not get everything, especially if there are children or the estate includes a property. Partners who are not legally married (or do not have a legally registered civil partnership) may get nothing.

"Everyone knows what I want to happen"
Without a written will that has been properly witnessed, the Courts will decide how any estate is to be distributed according to a fixed legal formula that almost certainly differs from what you really want.

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 from your estate to Saint Martin's, Barnehurst might be simply expressed in a will as:

I give x% of my residuary estate (or £x for a fixed sum) free of all taxes to the Parochial Church Council of Saint Martin’s, Barnehurst in the diocese of Rochester 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.


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 (the Vicar) 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. PCCs are normaly 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).

5. 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.