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1203569

registered interest
date	15/06/2020
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	National Fund
house id	2
legislature	25277 pref label House of Lords
question text	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.
tabling member printed	Baroness Hayter of Kentish Town
uin	HL5676
answer	answer is ministerial correction date of answer 29/06/2020 answer text <p>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.</p><p> </p><p>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.</p><p> </p><p>The Attorney General remains of the view that the trust establishing the National Fund is valid and its purposes exclusively charitable.</p><p> </p><p>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.</p><p> </p><p>The hearing in the High Court is scheduled for October 2020.</p> answering member printed Lord Keen of Elie question first answered 29/06/2020 11:16:41 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4159 label Biography information for Baroness Hayter of Kentish Town

1183431

registered interest
date	09/03/2020
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	National Fund
house id	2
legislature	25277 pref label House of Lords
question text	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.
tabling member printed	Baroness Hayter of Kentish Town
uin	HL2334
answer	answer is ministerial correction date of answer 17/03/2020 answer text <p>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.</p><p> </p><p>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.</p><p> </p><p>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.</p><p> </p><p>The hearing in the High Court is scheduled for October 2020.</p><p> </p><p>The website of the Charity Commission indicates that the accounts of the National Fund for 05 April 2019 are overdue.</p> answering member printed Lord Keen of Elie question first answered 17/03/2020 11:36:50 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4159 label Biography information for Baroness Hayter of Kentish Town

1182888

registered interest
date	04/03/2020
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Intestacy
house id	2
legislature	25277 pref label House of Lords
question text	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.
tabling member printed	Baroness Hayter of Kentish Town
uin	HL2211
answer	answer is ministerial correction date of answer 17/03/2020 answer text <p>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.</p><p> </p><p>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.</p> answering member printed Lord Keen of Elie question first answered 17/03/2020 11:35:14 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4159 label Biography information for Baroness Hayter of Kentish Town

1182889

registered interest
date	04/03/2020
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Intestacy
house id	2
legislature	25277 pref label House of Lords
question text	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.
tabling member printed	Baroness Hayter of Kentish Town
uin	HL2212
answer	answer is ministerial correction date of answer 17/03/2020 answer text <p>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.</p><p> </p><p>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.</p><p /><p /><p><br></p> answering member printed Lord Keen of Elie question first answered 17/03/2020 11:30:14 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4159 label Biography information for Baroness Hayter of Kentish Town

1079618

registered interest
date	01/03/2019
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	National Fund
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether they hold information about the identity of the donor who set up the National Fund.
tabling member printed	Baroness Hayter of Kentish Town
uin	HL14160
answer	answer is ministerial correction date of answer 14/03/2019 answer text <p>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.</p><p>The 1928 deed does not record who the founder was, and it is apparent from accompanying documents that they wished to remain anonymous.</p><p>Her Majesty’s Government therefore does not hold information about the identity of the donor who set up the Fund.</p> answering member printed Lord Keen of Elie question first answered 14/03/2019 17:12:40 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4159 label Biography information for Baroness Hayter of Kentish Town

1079620

registered interest
date	01/03/2019
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	National Fund
house id	2
legislature	25277 pref label House of Lords
question text	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.
tabling member printed	Baroness Hayter of Kentish Town
uin	HL14162
answer	answer is ministerial correction date of answer 14/03/2019 answer text <p>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.</p><p>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.</p> answering member printed Lord Keen of Elie question first answered 14/03/2019 17:10:09 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4159 label Biography information for Baroness Hayter of Kentish Town

818588

registered interest
date	08/01/2018
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	National Fund
house id	2
legislature	25277 pref label House of Lords
question text	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.
tabling member printed	Baroness Hayter of Kentish Town
uin	HL4465
answer	answer is ministerial correction date of answer 22/01/2018 answer text <p>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 <strong><ins class="ministerial">attached </ins></strong>chart <del class="ministerial">below</del>. It is currently estimated to be worth over £460 million.</p><p>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.</p><p>The Attorney General’s Office is working with the Charity Commission and the Fund’s trustees to help resolve this legally complicated matter.</p><p> </p><p> </p> answering member printed Lord Keen of Elie question first answered 22/01/2018 14:42:46 question first ministerially corrected 16/05/2018 10:48:18 answering member 4538 label Biography information for Lord Keen of Elie attachment 1 file name Chart 2.pdf title Chart previous answer version 35717 answering member printed Lord Keen of Elie answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4159 label Biography information for Baroness Hayter of Kentish Town