Charities Act, 1973

Amendment of section 52 of Principal Act.

16.—The Principal Act is hereby amended by the substitution of the following new section for section 52:

“Duty of executors to publish advertisements of charitable devises and bequests if required by Board.

52.—(1) Whenever there is contained in any will a charitable devise or bequest, the Board may, in their discretion, require the person (in this section referred to as the personal representative) to whom probate of the will or administration with the will annexed is granted within six months after the grant of probate or administration or within two months after the date on which the Board makes the requirement, whichever period expires later,

(a) to deliver at the office of the Board, or forward to them by registered post, such evidence as the Board may specify to show that either—

(i) the property comprised in the devise or bequest has been transferred to the charity specified in the will, or

(ii) the trustees of the charity specified in the will are aware of the devise or bequest, or

(b) to publish such particulars of the devise or bequest as the Board may specify and in such manner as the Board may require, and within one month after such particulars are published to deliver at the office of the Board, or forward to them by post such evidence of publication as the Board may require.

(2) If a personal representative fails to comply with a requirement made by the Board under subsection (1), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) in case the requirement is a requirement to deliver at the office of the Board, or forward to them by post, evidence of publication required by the Board, ten pounds, and

(b) in the case of any other requirement so made by the Board, one hundred pounds.

(3) An offence under subsection (2) may be prosecuted by the Board.

(4) The expenses incurred by a personal representative in complying with subsection (1) shall be paid by him out of the estate or funds devised or bequeathed to the charity concerned.”.