Trust Purposes and Will Clauses (Victoria and Tasmania) /
Legal Services
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27/11/2015
Contents
1.The Church and its Property Trusts
2.Donations made during a donor’s lifetime (inter vivos gifts)
3.Wills and Will clauses
Purposes of the Church in Victoria
A bequest for ‘the general purposes of’ the Church in Victoria
A bequest for ‘the general purposes’ of a specified individual church
A bequest to establish a perpetual charitable trust to provide for aged care
A bequest to establish a perpetual charitable trust to provide services for the disabled
A bequest to establish a perpetual charitable trust to provide services for children
A bequest to establish a perpetual charitable trust to provide services for indigenous Australians
A bequest to establish a perpetual charitable trust to support the work of overseas partner churches
A bequest to establish a perpetual charitable trust for justice and advocacy services
A bequest to establish a perpetual charitable trust for the education of Ministers and Deacons
A bequest to establish a perpetual charitable trust for the education of lay members studying to serve the Church
A bequest to establish a perpetual charitable trust for the education of Ministers’ children
A bequest to establish a perpetual charitable trust for aged and infirm Ministers and the surviving spouses of Ministers
A bequest to establish a perpetual charitable trust for bursaries
A bequest to establish a perpetual charitable trust for scholarships
A bequest to establish a perpetual charitable trust for prizes
A bequest to establish a perpetual charitable trust for libraries
Purposes of the Church in Tasmania
A bequest for ‘the general purposes of’ the Church in Tasmania
A bequest for ‘the general purposes’ of a specified individual church
A bequest to establish a perpetual charitable trust to provide for aged care
A bequest to establish a perpetual charitable trust to provide services for the disabled
A bequest to establish a perpetual charitable trust to provide services for children
A bequest to establish a perpetual charitable trust to provide services for indigenous Australians
A bequest to establish a perpetual charitable trust to support the work of overseas partner churches
A bequest to establish a perpetual charitable trust for justice and advocacy services
A bequest to establish a perpetual charitable trust for the education of Ministers and Deacons
A bequest to establish a perpetual charitable trust for the education of lay members studying to serve the Church
A bequest to establish a perpetual charitable trust for the education of Ministers’ children
A bequest to establish a perpetual charitable trust for aged and infirm Ministers and the surviving spouses of Ministers
A bequest to establish a perpetual charitable trust for bursaries
A bequest to establish a perpetual charitable trust for scholarships
A bequest to establish a perpetual charitable trust for prizes
A bequest to establish a perpetual charitable trust for libraries
Disclaimer-Neither the information contained in this website (nor the documents attached to this website) constitute legal advice. Before making a gift, either during their life or by their Will, each donor should seek independent legal and taxation advice. However the Senior Lawyer - Trusts employed by the Church (Sandra Bethell, telephone 9251 5966, ) can discuss a proposed bequest or inter vivos gift with a donor’s lawyers.
Privacy-The Trustee of a fund (The Uniting Church in Australia Property Trust (Victoria) or The Uniting Church in Australia Property Trust (Tas.), in the respective states) and/or The Uniting Church in Australiawill collect the donor’s name, qualifications, honours (if any), occupation, address, date of death, date of Will; details of the donor’s association with The Uniting Church in Australia; the sum bequeathed; the terms of the bequest; the name of the Fund to be established; the name of the person for whom the Fund is namedwhere specified,and their biographical details (‘personal information’). The personal information is collected, firstly in order to record relevant details of the bequest, and second to create a Church Trust Record to aidthe implementation of the trustterms. The Church Trust Record will include the personal information, and may be available on the internet. By using one of the Will clauses below the donor consents to The Uniting Church in Australia and/or The Uniting Church in Australia Property Trust (Victoria) and/or The Uniting Church in Australia Property Trust (Tas.) (whichever is applicable) collecting and using the personal information for the above purposes.
1.The Church and its Property Trusts
The Church
The Uniting Church in Australia (‘the Church’) was formed by the Union of various churches in 1977 and was given statutory recognition by Acts passed by the Parliaments in each State and Territory.[1]
Property Trusts
‘Trust Property’ (as defined) is held by property trusts in trust for the Church and on any other trust affecting the property-
- In Victoria-by The Uniting Church in Australia Property Trust (Victoria) which wasestablished byThe Uniting Church in Australia Act 1977 (Vic.)(‘the UCAPTV’); and
- In Tasmania-by The Uniting Church in Australia Property Trust (Tas.) which wasestablished bythe Uniting Church in Australia Act 1977 (Tas.) (‘the UCAPTT’).
2.Donations made during a donor’s lifetime (inter vivos gifts)
Donors (or their lawyers) can download a Gift Agreement (either the Victorian or Tasmanian versions) from consider, before contacting the Church to discuss their wishes. The following clauses have been developed to give donors examples of how they can benefit Church purposes. Fundraising staff of the Church can be contacted to discuss the donor’s ideas. The suggested purposes can, with appropriate input from fundraising staff or advice from donor’s lawyer, be tailored to the objectives and circumstances of an individual.
Donors or their lawyers can arrange the signing of a Gift Agreement, which can then be sent to the Synod office.
Purpose Summary1. / For general purposes of the Church / …the general purposes of The Uniting Church in Australia…
2. / For general purposes of a specified individual church / …the general purposes of The Uniting Church in Australia congregation known as [insert current name of congregation] worshipping at [insert address of church]
3. / For aged care / …to provide aged care services, including but not limited to residential aged care, community aged care, respite care, independent living units and day care centres…
4. / For the disabled / …to provide services for the disabled…
5. / For children / …to provide services for children…
6. / For services for indigenous Australians / … to provide services to indigenous Australians…
7. / Support of overseas partner churches / …to support the work of the overseas partner churches of The Uniting Church in Australia, operating in the State of Victoria, including but not limited to the education and support of Ministers undertaking ministry overseas and those training for ministry overseas…
8. / For justice and advocacy services / ….to provide justice and advocacy services, including but not limited to services advocating for those disadvantaged and marginalised in the community and services advocating for a just and compassionate society…
10. / For the education of Ministers and Deacons / …for the education of Ministers and Deacons intending to study or studying to serve The Uniting Church in Australia, operating in the State of Victoria…
11. / For the education of lay members studying to serve the Church / …for the education of lay members studying to serve The Uniting Church in Australia, operating in the State of Victoria, in roles such as elders, lay preachers, congregational representatives, Presbytery representatives and youth workers…
12. / For the education of the children of Ministers / …for the education of children of Ministers ordained in The Uniting Church in Australia…
13. / For aged and infirm Ministers and the surviving spouses of Ministers / … to support aged and infirm Ministers and the surviving spouses of Ministers…
14. / For student bursaries / … to award one or more bursaries to students [insert field of study, for example students of theology] who are in financial need…
15. / For scholarships / …to award one or more scholarships to students who [insert class of student to whom scholarships are to be awarded]…
16. / For prizes / …to award one or more prizes to the top student in one or more subjects in the area of [insert field / discipline of study]…
17. / For libraries / .... to provide library books and other materials in libraries, operated by The Uniting Church in Australia, in the State of Victoria
18. / For multiple purposes / … for either or both of [e.g. justice and advocacy services], including but not limited to [e.g. services advocating for those disadvantaged and marginalised in the community and services advocating for a just and compassionate society] ('the first stated purpose') and [e.g. publications (similar to the current ‘Crosslight’) which include editorial, features and commentary of matters relevant to The Uniting Church in Australia including but not limited to stories advocating for the disadvantaged and marginalised in the community, stories of faith, and other issues of crucial importance to our society] ('the second stated purpose'). The fund is to be called the ‘[insert desired name] Fund’. If the UCAPTV or its successor determines that there is, for valid reason, any unexpended income arising from the bequest in any year, such income may be retained as income and be available in a subsequent year for the stated purposes, or may be added to the capital of the bequest for the stated purposes. If at any time the UCAPTV or its successor determines that it is impossible or impracticable to carry out either of the stated purposes then the UCAPTV or its successor may apply the income of the bequest for such purpose or purposes as the UCAPTV or its successor in its absolute discretion determines is as near as possible to the purpose which is impossible or impracticable to carry out.
3.Wills and Will clauses
A ‘bequest’ is a gift made in a Will and can be-
- ‘specific’ (such as of a specific item or items)or
- the whole, or a percentage, of the ‘residue’ (that part of a person’s estate remaining after payment of debts, funeral and testamentary expenses, and any specific bequests).
To assist donors and their lawyers, the Church has prepared the information and Will clauses set out below. There are two sections; one containing clauses for the purposes of the Church in Victoria, and one for its purposes in Tasmania.
Donors can use the clauses to assist them to consider, in advance of seeing their own lawyers, the type of bequest they want to make (a specific bequest, or either a percentage or the whole of the residue), and which of the many purposes of the Church they may want to benefit by their Will. The suggested clauses may not be suitable for an individual donor’s particular circumstances, and may need to be considered and adapted by a donor’s lawyer.
Lawyers can use the clauses as drafted, or adapt them to suit the individual circumstances of their clients.The clauses should assist lawyers to nominate correct entities and to address such issues as whether a perpetual trust is to be established, whether income must be spent annually, what is to happen if income is unspent, as well as providing for what is to occur in the event that it becomes impossible or impracticable to fulfill the purpose of a trust. The property trust in the relevant state is referred to in the clauses because neither the Church, nor many of its associated institutions,are incorporated and they therefore cannot hold property.
Purposes of the Church in Victoria
A bequest for ‘the general purposes of’ the Church in Victoria
The expression ‘the general purposes of the Church’ includes any purpose of the Church such as the construction and maintenance of buildings, and services provided by the Church including to the aged, the infirm, and for children and the disabled. If a bequest is given for ‘the general purposes’ of the Church, once it is received the Church may apply the whole or a portion of the bequest for the purpose or purposes of the Church which have priority at that time, or may retain all or part of it for its general purposes in the future. Therefore the following three clauses do not establish a perpetual trust.
Residuary bequest
a)Percentage of residue
I give [insert percentage] of the residue of my estate to The Uniting Church in Australia Property Trust (Victoria)of Melbourne, Victoria ABN39 703 442 583 or its successor, for the general purposes of The Uniting Church in Australia, operating in the State of Victoria.
b)Whole of residue
I give the whole of the residueof my estate to The Uniting Church in Australia Property Trust (Victoria) of Melbourne, Victoria ABN39 703 442 583 or its successor, for the general purposes of The Uniting Church in Australia, operating in the State of Victoria.
Specific bequest
I give [insert dollar amount] or [all monies in account No X (or in any other account in my name) in [bank] at the date of my death] to The Uniting Church in Australia Property Trust (Victoria) of Melbourne, Victoria ABN39 703 442 583 or its successor, for the general purposes of The Uniting Church in Australia, operating in the State of Victoria.
A bequest for ‘the general purposes’ of a specified individual church
To establish a perpetual fund-
Residuary bequest
a)Percentage of residue
I give [insert percentage] of the residue of my estate ('the bequest') to The Uniting Church in Australia Property Trust (Victoria)of Melbourne, Victoria ABN39 703 442 583 (‘the UCAPTV’) or its successor to establish a perpetual fund, the income of which is to be used for the general purposes of The Uniting Church in Australia congregation known as [insert current name of congregation]worshipping at [insert address of church](‘the stated purpose’), and the fund is to be called the ‘[insert desired name] Fund’.If the UCAPTV or its successor determines that there is, for valid reason, any unexpended income arising from the bequest in any year, such income may be retained as income and be available in a subsequent year for the stated purpose, or may be added to the capital of the bequest for the stated purpose. If at any time the UCAPTV or its successor determines that it is impossible or impracticable to carry out the stated purpose then the UCAPTV or its successor may apply the income of the bequest for such purpose or purposes as the UCAPTV or its successorin its absolute discretion determines is as near as possible to the stated purpose.
b)Whole of residue
I give the whole of the residue of my estate ('the bequest') to The Uniting Church in Australia Property Trust (Victoria)of Melbourne, Victoria ABN39 703 442 583 (‘the UCAPTV’) or its successor to establish a perpetual fund, the income of which is to be used for the general purposes of The Uniting Church in Australia congregation known as [insert current name of congregation]worshipping at [insert address of church](‘the stated purpose’), and the fund is to be calledthe ‘[insert desired name] Fund’.If the UCAPTV or its successor determines that there is, for valid reason, any unexpended income arising from the bequest in any year, such income may be retained as income and be available in a subsequent year for the stated purpose, or may be added to the capital of the bequest for the stated purpose. If at any time the UCAPTVor its successor determines that it is impossible or impracticable to carry out the stated purpose then the UCAPTV or its successor may apply the income of the bequest for such purpose or purposes as the UCAPTVor its successor in its absolute discretion determines is as near as possible to the stated purpose.
Specific bequest
I give [insert dollar amount] ('the bequest') to The Uniting Church in Australia Property Trust (Victoria)of Melbourne, Victoria ABN39 703 442 583 (‘the UCAPTV’) or its successor to establish a perpetual fund, the income of which is to be used for the general purposes of The Uniting Church in Australia congregation known as [insert current name of congregation]worshipping at [insert address of church](‘the stated purpose’), and the fund is to be called the ‘[insert desired name] Fund’.If the UCAPTV or its successor determines that there is, for valid reason, any unexpended income arising from the bequest in any year, such income may be retained as income and be available in a subsequent year for the stated purpose, or may be added to the capital of the bequest for the stated purpose. If at any time the UCAPTV or its successor determines that it is impossible or impracticable to carry out the stated purpose then the UCAPTV or its successor may apply the income of the bequest for such purpose or purposes as the UCAPTVor its successor in its absolute discretion determines is as near as possible tothe stated purpose.
Not to establish a perpetual fund-
Residuary bequest
a)Percentage of residue
I give [insert percentage] of the residue of my estate ('the bequest') to The Uniting Church in Australia Property Trust (Victoria)of Melbourne, Victoria ABN39 703 442 583 (‘the UCAPTV’) or its successor for the general purposes of The Uniting Church in Australia congregation known as [insert current name of congregation]worshipping at [insert address of church](‘the stated purpose’), and the fund is to be called the ‘[insert desired name] Fund’.If the UCAPTV or its successor determines that there is, for valid reason, any unexpended income arising from the bequest in any year, such income may be retained as income and be available in a subsequent year for the stated purpose, or may be added to the capital of the bequest for the stated purpose. If at any time the UCAPTVor its successor determines that it is impossible or impracticable to carry out the stated purpose then the UCAPTV or its successor may apply the income of the bequest for such purpose or purposes as the UCAPTVor its successor in its absolute discretion determines is as near as possible to the stated purpose.
b)Whole of residue
I give the whole of the residue of my estate ('the bequest') to The Uniting Church in Australia Property Trust (Victoria)of Melbourne, Victoria ABN39 703 442 583 (‘the UCAPTV’) or its successor for the general purposes of The Uniting Church in Australia congregation known as [insert current name of congregation]worshipping at [insert address of church](‘the stated purpose’), and the fund is to be called the ‘[insert desired name] Fund’. If the UCAPTV or its successor determines that there is, for valid reason, any unexpended income arising from the bequest in any year, such income may be retained as income and be available in a subsequent year for the stated purpose, or may be added to the capital of the bequest for the stated purpose. If at any time the UCAPTVor its successor determines that it is impossible or impracticable to carry out the stated purpose then the UCAPTV or its successor may apply the income of the bequest for such purpose or purposes as the UCAPTVor its successor in its absolute discretion determines is as near as possible to the stated purpose.