Q&As

Is it necessary for a Will to have an express clause regarding receipt of a gift to charity from its treasurer or other appropriate officer. Is this covered in the Society of Trust and Estate Practitioners standard provisions? If a Will does not have a charity receipt clause, what steps should the personal representatives take?

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Published on LexisPSL on 10/06/2020

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Is it necessary for a Will to have an express clause regarding receipt of a gift to charity from its treasurer or other appropriate officer. Is this covered in the Society of Trust and Estate Practitioners standard provisions? If a Will does not have a charity receipt clause, what steps should the personal representatives take?

Is it necessary for a Will to have an express clause regarding receipt of a gift to charity from its treasurer or other appropriate officer. Is this covered in the Society of Trust and Estate Practitioners standard provisions? If a Will does not have a charity receipt clause, what steps should the personal representatives take?

The Society of Trust and Estate Practitioners (STEP) standard provisions (2nd edition) (which must be incorporated into a Will if they are to apply to it) and the administrative provisions of most professionally drafted Wills include a charity receipt clause to give the personal representatives (PRs) protection so they are not liable for making a payment to any person who appears to be the treasurer or appropriate officer unless, at the time of the distribution, the PRs have knowledge of circumstances which call for enquiry.

The charity receipt clause from the STEP standard provisions (2nd edition) is copied below for ease of reference.

'4.16 Receipt by charities etc

4.16.1 Where Trust Property is to be paid or

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