What is the Royal Sign Manual?
The Royal Sign Manual is the signature of the King (delegated to the Attorney General) to identify charitable beneficiaries when their identity is unclear in a deceased’s Will. Sometimes when people make Wills, especially at home, they may want to benefit charities and write “£500 to cancer research” or the “kidney research charity”. However, these charities, whilst their names may be similar to well-known registered charitable organisations, don’t exist.
In order to honour and carry out the deceased’s intentions at the time they made the Will, interested parties can use the Royal Sign Procedure to identify the charitable organisation so that they can distribute the gift from the estate.
When can it be used?
The Royal Sign Procedure can be used when the deceased has left a Will making a direct gift of assets in England and Wales but has put in the incorrect name of a charity in order to identify it with certainties, such as ‘cancer search’ or ‘arthritis charity’. Sometimes, it can be even vaguer like ‘to the church’, ‘disabled children’, or ‘dogs charity’.
What is excluded?
It cannot be used to:
- Construe a Will;
- Resolve a dispute or construction of a Will; or
- Protect Personal Representatives from claims over the asset in question.
However, if by looking at the full clause, a gift is made to ‘cancer research’ followed by Cancer Research UK’s registered address, it can be construed that the gift is to Cancer Research UK. It can only be used on direct gifts and not Trusts.
Further, it can’t be used to protect the personal representatives from a claim against the gift in question. Whereby a Will provides for the personal representatives to decide which charity should benefit from the gift, in case of the testator’s chosen charity not existing on their death. As the power to decide has been given to the personal representative, there is no need to use the Royal Sign Manual procedure.
How does the Attorney General decide?
The Attorney General will try to look at various factors to try and determine to whom the testator wanted to benefit from their estate. These factors include the name of the incorrect charity, what charities the testator previously donated to or shopped at, and whether the testator spoke about any particular charity to friends and family.
Tips when making your Will:
- Use a reputable firm to prepare your Will to ensure that your Will is drawn up by people with the appropriate skills and experience.
- When picking a charity, ensure that you can identify their full registered name, address, and charity number.
How can we help
If you are administering an estate and you require assistance with the above, please contact one of our specialist Wills and Probate team for advice and guidance on whether a Royal Sign Manual is required and the steps to take in its application.
Please call 0800 024 1976 or contact us via our online form.