Published on: 1st February 2021

Have you identified the correct beneficiary in your Will?

Barrie Russell Williams was a racing driver in Formula 3, a rally driver and in later years a driver in historic car races for some 25 years. He announced his retirement aged 79 and died just short of his 80^th birthday. He had a long standing membership with the British Racing Drivers Club. In his Will he left charitable legacies (amongst others) to British Racing Drivers Club Benevolent Fund and Cancer Research Fund.

This gave the executor of his Will some difficulties. There is no charity named British Racing Drivers Club Benevolent Fund. His executor turned to the High Court for direction. Evidence was given that the deceased meant to benefit the British Racing Drivers’ Motor Sport Charity and the Court agreed. Furthermore, there is no charity named Cancer Research Fund. There are 2461 charities that include the name cancer and 255 that include the phrase “cancer research” and 62 that include the phrase “cancer research fund” but not one named “Cancer Research Fund”. To make things more difficult there had been a Charity named “Cancer Research Fund” although it is now no longer in existence.

Every charity has a charity number so if you are going to leave a legacy to a charity then best advice is to name the charity and the charity number.

But it is not only charities that are sometimes difficult to identify. “My cousin John Smith” becomes a problem if you have more than one cousin called John Smith. And then there is the gift to “the children of John and Mary Smith”. Is this gift for the children that John and Mary had together or should it include John’s children from a previous relationship and Mary’s from a previous relationship?

Making sure you clearly identify the correct beneficiaries in your Will is important otherwise your Estate assets could be reduced by expensive Court costs.

If you would like to discuss this matter or any other relating to Wills, Lasting Powers of Attorney or Trusts in more detail then please contact our friendly team on 01732 868190 or click here to book an appointment.

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