CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 14 Misdescribed charitable beneficiaries in wills.

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CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 14

Misdescribed charitable beneficiaries in wills.

14.(1) Where

(a)under the will of any deceased person (in this section referred to as "the
testator") property not exceeding two hundred and fifty pounds in value is
devised or bequeathed to any institution; and

(b)the personal representatives of the testator are satisfied

(i)that no such institution as is described in the will of the testator
exists; and

(ii)that the testator intended to devise or bequeath the property to a
charity;

(2) A receipt given by the Ministry in respect of any property accepted by it
under subsection (1) shall be a full discharge to the personal representatives
who transferred that property to the Ministry.

(3) The Ministry may accept any property under subsection (1) only if it is
satisfied that the testator intended to devise or bequeath the property to a
charity.

(4) Where the Ministry accepts any property under subsection (1) it shall
endeavour to ascertain the charity to which the testator intended to devise or
bequeath the property; and

(a)if the Ministry is satisfied that a specific charity is the devisee or
legatee intended by the testator, it shall, if the Attorney-General consents,
transfer the property to that charity;

(b)if the Ministry is unable to satisfy itself as to which charity in a class
of charities is the devisee or legatee intended by the testator but is
satisfied that the testator intended to devise or bequeath the property to a
charity in that class, it shall, if the Attorney-General consents, either

(i)transfer the property to such charity in that class as appears to the
Ministry to be appropriate having regard to the intentions of the testator; or

(ii)distribute the property, in such proportions as the Ministry thinks fit,
among such charities in that class as appear to the Ministry to be appropriate
having regard to the intentions of the testator;

(c)if the Ministry is not satisfied as mentioned in paragraph (b), but it
appears to the Ministry that the testator intended to give the property for
charitable purposes generally, it shall, if the Attorney-General consents,
transfer the property to such charity as appears to the Ministry to be
appropriate having regard to the intentions of the testator.

Acceptance of charity property by Ministry.

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Northern Irish Legislation

CHARITIES ACT (NORTHERN IRELAND) 1964 - SECT 14