Trustees to be given more freedom to make payments in legacy disputes

Charity

Charity trustees will have more freedom to make payments if disputes arise over legacy gifts, under legal changes coming into force later this year.

Boards will be free to make payments of up to £20,000 without needing to consult the Charity Commission, depending on the size of the organisation, if trustees feel they have a “moral obligation” to offer a financial settlement after a disagreement.

It is one of the changes included in Charity Commission guidance published this week about aspects of the Charities Act 2022.

Under the act, charities will also be able to spend donations more easily when they come through fundraising campaigns that either miss or exceed their target.

Under existing rules, charities might have to spend several months checking with givers about how their donation will be used.

The commission says the legislation will allow organisations to spend those donations on new purposes, if they come to less than £1,000, and will create “a simpler process” for dealing with larger totals.

The act also promises to simplify charities’ right to pay trustees for goods they provide to their organisations.

The Charities Act 2022, which amends aspects of the Charities Act 2011, was passed by parliament in February.

The Charity Commission said it would release more guidance later in the year regarding rules that will come into force in 2023.

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