We are currently administering an estate where the will contains a pecuniary legacy to an Anglican church as follows:
“£2,000 to the Vicar and Churchwardens of the Parish Church of XXXX”.
Our normal wording for gifts of this nature would be to the PCC of the church “to be used as to both capital and income for such religious purposes in the Parish as the PCC shall in its absolute discretion think fit.”
Our understanding is that, as regards the construction of beneficiaries, the will speaks from the execution of the will unless there is a contrary intention. Our concern is that the will could be construed as giving the legacy to the people who were the vicar and churchwardens of the named church at the date of the execution of the will, without any obligation for them to use this for the church itself.
Under the further terms of the will, there are other charitable legacies and legacies to other churches and the residuary estate passes to various charities, It would therefore appear to be demonstrable that that the intention of the legacy as above was for the church itself, as at the date of the testator’s death, to benefit from this pecuniary legacy.
We are therefore tentatively of the view that we could infer a contrary intention so that the gift can be construed as charitable and paid to the current vicar and churchwarden of the church.
However, I should be very grateful for views on this - thank you.
Was the wording of the gifts to the other churches also to the Vicar etc, or was it to the Church/PCC? If the latter then I would argue that the gift to the Vicar and the Churchwardens that you
mention was indeed for them personally. It is quite plausible the testator had been helped/made to feel welcome by them and wanted to recognise that.
This is from the guidance provided to PCCs when receiving a V&C legacy.
Proper Receiving Body
The Parochial Church Council is the preferred recipient of any legacy gift. Previously common variants include the vicar and churchwardens (V&C). This practice dates back to the days before PCCs existed; now PCCs are the legal trustees of parish funds. When such V&C legacies arrive, the monies do not belong to the PCC.
However the vicar and churchwardens may feel it is more appropriate for the PCC to be the recipient. This is possible through a scheme with the Charity Commission whereby the V&C pass on to the PCC both the legacy and the responsibility to ensure that the testator’s wishes are carried out. Legal advice should be sought, initially through your Diocesan Secretary or Registrar.
There was a case about this, Farley and Others v Westminster Bank and Others. If I remember correctly, the gift to the vicar was charitable but the gift to the churchwardens was not.