Tate exists today due to the generous gift of Sir Henry Tate, who in 1897 donated works of art from his collection and funds to build a gallery at Millbank.
In just over a century Sir Henry’s ambition for the National Collection of British Art has transformed into four major galleries, and an outstanding collection of British art from 1500 to the present day and international modern art from 1900 to the present day. As Tate prepares for the future, legacies will continue to provide a vital source of income for our work in all of our galleries.
Introduction
The suggested wording on this page can be tailored to suit the type of gift you would like to leave Tate. The clauses are of a general nature to ensure that your wishes can be honoured and your gift will pass to Tate and be used for its charitable purposes.
In all cases wording should be carefully reviewed by you and your solicitor in the context of your Will. In particular where property ownership including works of art and bank accounts is shared, the status of joint tenancy will mean that the surviving owner automatically inherits the property regardless of any Will or expressed intentions. It is therefore important to ascertain the status of ownership, e.g. tenants in common or joint tenants, of any property intended to be gifted as your intentions could be invalidated.
About this page
This page is designed to give you general information about leaving a legacy to Tate, including some of the financial benefits. It is not intended to provide specific advice about the legal or tax implications of charitable giving. Before making a gift to Tate, you should consult with your accountant, solicitor, or a financial advisor for a thorough analysis of your individual situation and the tax consequences to decide which of these ways of giving might work best for you.
Contact us
Our Legacy Manager would be pleased to provide further advice on wording and to answer in confidence any questions you might have.
If you would like to discuss any aspect of leaving a legacy gift to Tate please contact:
Legacy Manager
Tate
Millbank London
SW1P 4RG
Call +44 (0)77 7280 1318
Email legacy.enquiries@tate.org.uk
or visit tate.org.uk/support
For all other enquiries, please contact:
Development Administrator, Legacies and Collections
Call +44 (0)20 7887 8760
Reversionary legacy
A gift to Tate of a sum of money, asset, or proportion of the estate, which only takes effect subject to the prior right of a named person or persons to receive the benefit of those assets or income produced by them during his or her lifetime.
The gift then passes absolutely to Tate as the “reversionary beneficiary” on the death of the named person or persons.
My Trustees shall hold [details of assets] (“the Trust Fund”) upon the following trusts;
The income of the Trust Fund shall be paid to [insert beneficiary e.g. my husband/ wife/civil partner], [insert name of beneficiary], during his/her lifetime.
The Trustees may, at any time for the Trust Period (as defined in this Will) pay or apply the whole or any part of the Trust Fund in which [name of beneficiary above] is then entitled to an interest in possession to [him/her] for [his/her] advancement or otherwise for [his/her] benefit in such manner as the Trustees shall in their discretion see fit.
Subject to subclauses a) and b) above, the capital and the income of the Trust Fund shall be held upon trust for Tate Foundation, company registration 4009652, registered charity number 1085314 of Tate, Millbank, London, SW1P 4RG (“Tate”) for its general charitable purposes.
d) I direct that if, at my death, Tate has merged with another charity which merger is registered under the Charities Act 1993 and to which s75F of the Charities Act 1993 applies, my executors shall give/pay this legacy to such charity with which Tate has merged in accordance with such statutory provision.
e) I further direct that if at my death Tate has ceased to exist in circumstances in which provisions of s75F of the Charities Act 1993 do not apply or is subject to a winding up order, my executors shall instead pay this legacy to the charitable organisation which in their discretion they consider most nearly fulfils the objects of Tate.
f) I further direct that the receipt of a person who appears to be the Director, Secretary or other proper officer of the Tate (or of any substituted charity to which the legacy gift is paid) shall be a full and sufficient discharge to my executors.
Residuary gifts
Residuary gift
A gift of all of the remainder of your estate after all other payments and legacies have been made.
Unrestricted residuary gift
A gift of all the remainder of your estate for Tate’s general charitable purposes.
An unrestricted legacy is a very beneficial way of supporting Tate’s aims as it will allow Tate flexibility to use your gift in the most effective way, enabling us to support areas of greatest need.
a) I give the entire residue of my estate, free of tax, to Tate Foundation, company registration 4009652, registered charity number 1085314 of Tate, Millbank, London, SW1P 4RG (“Tate”) for its general charitable purposes.
b) I direct that if, at my death, Tate has merged with another charity which merger is registered under the Charities Act 1993 and to which s75F of the Charities Act 1993 applies, my executors shall hold the residue for such charity with which Tate has merged in accordance with such statutory provision.
c) I further direct that if at my death Tate has ceased to exist in circumstances in which the provisions of s75F of the Charities Act 1993 do not apply or is subject to a winding up order, my executors shall instead hold this residue for the charitable organisation which in their discretion they consider most nearly fulfils the objects of Tate.
d) I further direct that the receipt of a person who appears to be the Director, Secretary or other proper officer of the Tate (or of any substituted charity to which the residual gift is paid) shall be a full and sufficient discharge to my executors.
Restricted residuary gift
A gift of all the remainder of your estate to support a specific purpose at Tate.
A restricted legacy makes provision to support a specific purpose at Tate.
a) I give all of the residue of my estate free of tax to Tate Foundation, company registration 4009652, registered charity number 1085314 of Tate, Millbank, London, SW1P 4RG (“Tate”) with the power to apply capital as well as income to support [state here the specific purpose at Tate being supported]. If at my death this area is fully funded, or if it is no longer an area in which Tate is actively involved, my gift shall be used for Tate’s general purposes but I express the wish that my gift is used to support activities that are as close as possible to my original intentions.
b) I direct that if, at my death, Tate has merged with another charity which merger is registered under the Charities Act 1993 and to which s75F of the Charities Act 1993 applies, my executors shall hold the residue for such charity with which Tate has merged in accordance with such statutory provision.
c) I further direct that if at my death Tate has ceased to exist in circumstances in which the provisions of s75F of the Charities Act 1993 do not apply or is subject to a windinw2g up order, my executors shall instead hold this residue for the charitable organisation which in their discretion they consider most nearly fulfils the objects of Tate.
d) I further direct that the receipt of a person who appears to be the Director, Secretary or other proper officer of the Tate (or of any substituted charity to which the residual gift is paid) shall be a full and sufficient discharge to my executors.
Conditional legacy
This provides that Tate shall receive any legacy or residuary gift left to another beneficiary / other beneficiaries who have predeceased you or where the legacy or gift fails for some other reason.
a) If my gift shall fail for any reason, I give it free of tax to Tate Foundation, company registration 4009652, registered charity number 1085314 of Tate, Millbank, London, SW1P 4RG (“Tate”) for its general charitable purposes.
b) I direct that if, at my death, Tate has merged with another charity which merger is registered under the Charities Act 1993 to which s75F of the Charities Act 1993 applies, my executors shall give such legacy to such charity with which Tate has merged in accordance with such statutory provision.
c) I further direct that if at my death the Tate has ceased to exist in circumstances in which the provisions of s75F of the Charities Act 1993 do not apply or is subject to a winding up order, my executors shall instead hold such residue for/give such legacy to the charitable organisation which in their discretion they consider most nearly fulfils the objects of Tate.
d) I further direct that the receipt of a person who appears to be the Director, Secretary or other proper officer of the Tate (or of any substituted charity for which the residuary is held or to which the legacy gift is paid) shall be a full and sufficient discharge to my executors.
Pecuniary legacy
A gift of a specified sum of money.
a) I give, free of tax to Tate Foundation, company registration 4009652, registered charity number 1085314 of Tate, Millbank, London, SW1P 4RG (“Tate Foundation”) for [its general charitable purposes] [state specific purpose], such sum, (“the Legacy”), as shall be produced by multiplying [insert amount in words] pounds (£[insert amount in figures]) by the index figure in the Retail Prices Index for the month immediately preceding my death and dividing the product by the index figure for the month in which my Will is executed.
b) If the Retail Price Index shall have been replaced by another official index, and/ or if the basis of computation of the Retail Prices Index or such other index shall have been altered, my Executors shall have the discretion to determine the amount of the Legacy in accordance with such formula as seems to them just and reasonable in the circumstances.
c) If there shall be no such index at the time of my death, the Legacy shall be [insert amount in words] pounds (£[insert amount in figures]) increased by simple interest of [insert percentage in figures] percent per annum from the date of execution of my Will until the date of my death.
d) I direct that if, at my death, Tate has merged with another charity which merger is registered under the Charities Act 1993 and to which s75F of the Charities Act 1993 applies, my executors shall pay the Legacy to such charity with which Tate has merged in accordance with such statutory provision.
e) I further direct that if at my death Tate has ceased to exist in circumstances in which the provisions of s75F of the Charities Act 1993 do not apply or is subject to a winding up order, my executors shall instead pay the Legacy to the charitable organisation which in their discretion they consider most nearly fulfils the objects of Tate.
f) I further direct that the receipt of a person who appears to be the Director, Secretary or other proper officer of the Tate (or of any substituted charity to which the Legacy is paid) shall be a full and sufficient discharge to my executors.
Specific or non-monetary legacy
A gift of a work of art or archive material for the Collection.
If you are considering leaving works of art for the Collection please contact the Legacy Manager for information about Tate’s collecting and acquisition policies and processes.
Tate is an exempt charity as described in Schedule 2 to the Charities Act 1993. Therefore, Tate is recognised as a charity by HM Revenue & Customs, under their reference X 78055/1.
The result of this is that no Inheritance Tax or Capital Gains Tax is charged on gifts and bequests to Tate of works of art or archives. If tax has already been deferred in the past on the value of a work of art or archive by ‘conditional exemption’ then that tax will not be charged if it is given to Tate by way of a gift. Please contact the Legacy Manager for more information.
a) I bequeath to the Board of Trustees of the Tate Gallery (“Tate”) all my rights, title, and interests including in and to the following work/works and hereby assign to Tate (including by way of present assignment of future copyright) all my copyright and similar rights in the same worldwide in all media and in perpetuity:
Artist; Title; Year; Medium; Dimensions
[List additional works as above]
(together, “the Legacy”)
b) I direct that all the costs of insuring, storing, transporting and otherwise caring for the Legacy shall be met out of my estate as an expense of administering the estate until the delivery to and physical acceptance by Tate of each work comprising the Legacy.
c) I direct that if, at my death, Tate has merged with another charity which merger is registered under the Charities Act 1993 and to which s75F of the Charities Act 1993 applies, my executors shall give the Legacy to such charity with which Tate has merged in accordance with such statutory provision.
d) I further direct that if at my death Tate has ceased to exist in circumstances in which the provisions of s75F of the Charities Act 1993 do not apply or is subject to a winding up order, my executors shall instead give the Legacy to the charitable organisation which in their discretion they consider most nearly fulfils the objects of Tate.
e) I further direct that the receipt of a person who appears to be the Director, Secretary or other proper officer of the Tate (or of any substituted charity to which the Legacy is given) shall be a full and sufficient discharge to my executors.
f) In the event that Tate, after accepting the Legacy, is unable or unwilling to accession it or any one or more of the works comprising the Legacy into its collection, it is my wish (imposing no legal obligation upon Tate) that Tate should give such works to [insert name of a public gallery, collection, or person to receive each work].”
NOTE: Tate, as a beneficiary, is not obliged to carry out a statement of wishes, but will do so, subject to the duty of the Trustees to act in the best interests of Tate as an exempt charitable body.