NSW Question about misuse of bequest

[unique]

My late mother left a specific bequest to a church "for work amongst new migrants to the area"

I discovered the church was using the bequeathed amount for renovations of the church manse, plus found out one of the executors of my mother's Will, will be benefitting by residing in this renovated manse (being the partner of the ordained minister at this church)

I queried this with the church, as to how this aligned with my late mothers express wishes.
Their justification was that in using her bequest in this way, it will accelerate it's "work amongst new migrants to the area"
In my view this would be like me making a donation to an organisation to wards feeding the homeless, only to discover my donation was being used to renovate the CEO's house!

The treasurer (and the constitution) of this church says they are accountable to church members but despite 2 requests from me to have my correspondence tabled and recorded at their next church members meeting, they (church treasurer and secretary) deem this matter to be closed

I know my mother did not want her bequest to be used for church renovations and I am terribly distressed

The Standards Manager of the organisation that governs this denomination of churches says this matter doesn't involve him

Can anyone give me their thoughts/advice?

 

[rjm]

Hi unique. If it was me I'd probably print out enough pamphlets for the congregation, stand outside the gate & hand them out. Just write the basics of your grievance, don't slander anyone. I dare say they want people to continue making bequests, if the congregation know of your issues they would think twice about handing their own money over. Maybe state that you would like proof that the bequest your Mum made was used as she requested.
Good luck.

 

[unique]

Thanks for your response

I have thought of that lol but unfortunately I'm in Vic. Could get some friends to do it for me though Or even pay someone to do it once the covid restrictions are lifted

I'm looking into submitting a complaint and asking the ACNC (charity register) to investigate as the church has certain obligations to meet to be registered with them. It would be a shame for them to lose their tax fee status (sarcasm)

Another thing I'm considering is doing a FB review on their page - sticking to facts, and as you said, not slandering anyone

For many of the congregation, english is their 2nd language, so unfortunately they are just likely to go along with whatever they are being fed by the leadership

I just want my mother's wishes to be respected and honoured

 

[unique]

So now I'm being told the executors made an agreement with the church, that it was ok for the church to use it for manse renovations (of which one of the executors is now living in), instead of "for work amongst new migrants to the area"

Am I missing something?
Do the executors get to over ride my late mothers wishes just like that?! And put her bequest toward a project that they directly benefit?/

 

[Tim W]

The ACNC won't be interested in a will dispute.
Such things are not within their jurisdiction.

You need an injunction restraining the executor from making any (more) payments
until the dispute is resolved.
And an injunction preventing the church from spending any (more) of the money
until the dispute is resolved.

First thing I would do is be sure that the executor's appointment has even come into effect.
You do get executors who start working before Probate is actually granted.
This can be a problem.
But it can also be a way to stop actions happening, and save assets from being mis-dealt with.

This is not a DIY thing (will disputes almost never are).
You need a lawyer to help you look into the executor's conflict of interest,
and to test the validity of the appointment, and get the orders.

This will take time, cause grief, be expensive, and be scary.
But you need to do it - tomorrow morning.

 

[unique]

Thanks
But my mothers estate is already settled (last year)
It was just by accident that a few months ago I found out how this church was going to use the money
The money had already been distributed to the church by the executors
When I wrote to them about their misuse of my mother's bequest theyve just gone into defence mode and they are a law unto themselves



Now theyve stopped communicating with me

 

[Tim W]

Well then, you need to seek advice about the prospects of an action against the executor personally.