FAQ's
I would like to leave the RHS a legacy but is it a charity?
The RHS is a registered charity. For 200 years the RHS has set the standard for all issues relating to horticulture, gardens and gardening. From the time Sir Joseph Banks, John Wedgwood and the five other founders created the Society, our aim has been to be the leading authority in our field and expand our work and influence throughout the world. The RHS receive no support from the government and relies solely on the generosity of our members and self generated income. Many of the society's plans for the future can only be realised through additional funding, including legacies.
Can the RHS be one of my executors?
Unfortunately, the RHS is currently unable to act as an executor. We recommend that you choose an executor who is usually a professional advisor, family member, friend or a combination of these. Your solicitor will advise you as to the eligibility of a chosen executor.
How should I word my Will to include a legacy to the RHS?
The appropriate wording is available in a document on our website, www.rhs.org.uk/legacies. You can download this document but please take it to a qualified solicitor. The section called useful information will tell you all you need to know and help you find a local solicitor if you don't have one.
What are the inheritance tax implications of leaving a legacy?
The RHS is a charity and money left to a charity is exempt from tax. If your estate is worth more than £263,000 Inheritance tax must be paid out on the excess before the people you wish to leave your money to can benefit. Inheritance tax is currently set at 40 per cent.Your solicitor will advise you if you could be liable to pay inheritance tax on your estate and can suggest ways of minimizing your liability.
What is the difference between a pecuniary and a residuary Will?
A pecuniary Will involves leaving a fixed sum of money. The value of this kind of Will decreases over time with inflation but can be index linked to avoid this. If you choose to leave a residuary Will to the RHS, the charity would receive the balance of your estate once all other beneficiaries and costs have been paid. It is the residue of your estate so does not affect any other legacies you may leave to friends or family. The residue is calculated only when all these legacies and any debts, taxes and expenses have been paid.
Will my legacy be remembered in some way?
As a way of saying thank you, the RHS will send every legator a young tree, generously donated to the Society from Oakover Nurseries in Kent. There are three types to choose from and they have been specially selected to suit all soil types and gardens. We hope they will be a living reminder of your commitment to the RHS and something that can be enjoyed in your lifetime.
Can I choose what my legacy is spent on?
Yes, you can specify how your money is spent, however leaving a bequest for us to use in the way we feel best allows us the most flexibility and is of most benefit to the Society. They allow us to target funds where they are most needed at any given time.
Can I be sure that you will spend my legacy where I want it to be spent?
Your money will be spent exactly how you have requested. By writing and maintaining an up to date will, you have a legal document that will guarantee your wishes are carried out.
Can I choose how much I want to leave and does it have to be for a lot of money?
You can specify exactly how much you would like to leave to the RHS and no, it doesn't have to be a lot of money, any contribution is much appreciated towards supporting our work.
Can I talk to someone who can answer my queries about Will making and leaving a legacy to the RHS?
A member of the RHS legacy department would be more than happy to answer all your queries. Please call on 020 7821 3693
I want to add a legacy to my Will but would prefer not to rewrite the whole document. Can I simply make changes to it?
Once your Will has been made, signed and witnessed, you shouldn't simply amend it at a later date. Any obvious alterations on the face of the Will are assumed to have been made at a later date and so do not form part of the original legally valid Will.You should only change your Will by adding a codicil to the Will or writing a completely new Will.A codicil is a supplement to a Will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change an executor or guardian named in a Will, or to add beneficiaries. A codicil must be signed by the person who made the Will and be witnessed in the same way. However, the witnesses do not have to be the same as for the original Will. There is no limit on how many codicils can be added to a Will. If you wish to make major changes to a Will, it is advisable to make a new one. The new Will should begin with a clause stating that it revokes all previous Wills and codicils. The old Will should be destroyed. Revoking a Will means that the Will is no longer legally valid.
How do I ensure that all my beneficiaries receive what I want, when I do not know how much my estate will be worth when I die?
Your executor is legally obligated to act in your interests, following the wishes expressed in your Will. Your executor is responsible for collecting together all the assets of the estate, dealing with all the paperwork and paying all the debts, taxes, funeral and administration costs out of money in the estate. They will then pay out the gifts and transfer any property to beneficiaries.