Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 17 March (HL2334), when they first became aware of a request from a relative of the donor to return the money in the National Fund to the family; and whether they intend to make any change to the Attorney General's application to release the funds as a result.
Answered by Lord Keen of Elie
In October 2019 the Attorney General’s Office was contacted by representatives of an individual who claimed to be a descendent of the anonymous donor that established the National Fund. They also claimed that the trust was void ab initio and that unless the court finds that the donor had a “paramount charitable intent”, the Fund belongs to his residuary estate.
The individual subsequently applied to join the proceedings initiated by the Attorney General in May 2018, in order to represent the interests of all persons who are or may be or become entitled to share in the residuary estate of the donor. In January 2020 the Court ordered that this individual be joined to the proceedings and that they serve evidence in support of their claim.
The Attorney General remains of the view that the trust establishing the National Fund is valid and its purposes exclusively charitable.
It is now for the High Court to determine the individual’s claims and decide whether the terms of the charitable trust should be varied as sought by the Attorney General. If the Attorney General’s application is successful the money in the fund will be paid over to the National Debt Commissioners towards the reduction of the national debt.
The hearing in the High Court is scheduled for October 2020.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 14 March 2019 (HL14162), what was the outcome of the Attorney General’s application to the High Court on 22 May 2018 to release the assets of the National Fund; and whether that charity’s up-to-date accounts have been filed with the Charity Commission.
Answered by Lord Keen of Elie
The National Fund was created in 1928 with the purpose of paying off the entire national debt. At present the fund cannot be used unless it completely clears the national debt, due to the terms of the fund’s charitable trust.
On 22 May 2018 the then Attorney General made an application to the High Court to vary the terms of the charitable trust so that the National Fund can be used to help pay down the national debt.
It is now for the High Court to decide whether the terms of the charitable trust should be varied. If the application is successful the money in the fund will be paid over to the National Debt Commissioners towards the reduction of the national debt.
The hearing in the High Court is scheduled for October 2020.
The website of the Charity Commission indicates that the accounts of the National Fund for 05 April 2019 are overdue.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government how many estates of people that died (1) without known entitled relatives, and (2) without leaving a will, were referred to the Bona Vacantia Division of the Government Legal Department in (a) 2017–18, and (b) 2018–19; and how many of those were referred by local authorities.
Answered by Lord Keen of Elie
In 2017-2018 there were 2768 estates referred to the Bona Vacantia Division of the Government Legal Department of estates where people died without leaving known entitled relatives or a valid will of which 909 were referred by local authorities. There were 2 referrals of estates where the deceased died leaving a valid will which did not dispose of the entire of estate but without leaving known entitled relatives entitled to share in the undisposed residue, neither of which were referred by local authorities.
In 2018-2019 there were 1971 estates referred to the Bona Vacantia Division of the Government Legal Department of which 575 were referred by local authorities. There were 3 referrals of estates where the deceased died leaving a valid will which did not dispose of the entire of estate but without leaving known entitled relatives entitled to share in the undisposed residue, none of which were referred by local authorities.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government (1) how many, and (2) what proportion of, referrals to the Bona Vacantia Division of the Government Legal Department have come from (a) local authorities, (b) hospital trusts, (c) coroners, and (d) other organisations and individuals, in (i) 2017–18, and (ii) 2018–19.
Answered by Lord Keen of Elie
In 2017-2018 there were 2770 estates referred to the Bona Vacantia Division of the Government Legal Department of which 33% were referred by local authorities, 4% were referred by hospital trusts, 63% by other organisations and individuals. There was one referral by a Coroner’s Office.
In 2018-2019 there were 1974 estates referred to the Bona Vacantia Division of the Government Legal Department of which 29% were referred by local authorities, 3% were referred by hospital trusts, 68% by other organisations and individuals. There were no referrals by Coroners.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government whether they hold information about the identity of the donor who set up the National Fund.
Answered by Lord Keen of Elie
The National Fund was set up by a trust deed in 1928. The Fund is held on trust for the purpose of reducing the National Debt.
The 1928 deed does not record who the founder was, and it is apparent from accompanying documents that they wished to remain anonymous.
Her Majesty’s Government therefore does not hold information about the identity of the donor who set up the Fund.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government whether the Attorney General’s application to the High Court to release the assets of the National Fund has now been concluded; and if so, how those assets are shown in HM Treasury’s accounts.
Answered by Lord Keen of Elie
The National Fund was set up by a trust deed in 1928. The Fund is held on trust for the purpose of reducing the National Debt. According to expert evidence, there is no realistic prospect of the Fund ever amounting to a sum sufficient to pay off the whole of the National Debt.
The application made by the then Attorney General to the High Court on 22nd May 2018, to release the assets of the National Fund in order to pay down national debt, has not yet concluded. In February 2019 the High Court Listing Officer allocated a three day hearing during a five day window starting on 18 November 2019.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government what progress they have made in enabling the National Fund charity to make appropriate donations; and whether they intend to apply to the courts for a scheme allowing the Fund to be used for its original purpose.
Answered by Lord Keen of Elie
The National Fund was created in 1928 with an initial anonymous donation of £500,000 with the aim of eventually extinguishing the national debt. It has accumulated significant funds through further donations and income over the years, as set out in the attached chart . It is currently estimated to be worth over £460 million.
The terms of the deed of Trust for the National Fund are such that the Trustees are required to accumulate the net income and profits of the trust fund until the value of the fund along with its accumulated income, when added to the value of any other funds applicable for the same purpose, is sufficient to discharge the entirety of the National Debt. Given the terms of the trust, the money is currently ‘locked’ in the fund.
The Attorney General’s Office is working with the Charity Commission and the Fund’s trustees to help resolve this legally complicated matter.