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2020-12-31-accounts

Registered Charity No. 1147365

THE GERALD CURGENVEN WILL TRUST

REPORT OF THE TRUSTEES AND AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 DECEMBER 2020

THE GERALD CURGENVEN WILL TRUST

CHARITY INFORMATION

TRUSTEES Mr John Wakeham
Mr Mark William Bromell
Mrs Rebecca Perry
CHARITY NO. 1147365
CHARITY ADMINISTRATOR Mr John Wakeham
Kivells
Holsworthy Livestock Market
New Market Road
Holsworthy
Devon
EX22 7FA
BANKERS Savills Client Account
Solent & Dorset Team
Barclays Corporate
Third Floor
Barclays House
Ocean Way
Southampton
SO14 2ZP
AUDITORS Azets Audit Services
2nd Floor
Regis House
45 King William Street
London
EC4R 9AN

1

Trustees' Annual Report for the year ended 31 December 2020

The Trustees present their report along with the audited financial statements of the charity for the year ended 31 December 2020. The financial statements have been prepared in accordance with the accounting policies set out in note 1 to the accounts and comply with the charity's Trust Deed the Charities Act 2011 and the Statement of Recommended Practice Accounting and Reporting by Charities SORP FRS102.

History, objectives and activities of the Trust

The Trust was established by a Will dated 15 October 1951, a codicil dated 13 October 1952 and the death of Gerald Curgenven on 23 June 1959. The objects of the charity are to raise income for its income beneficiary, Marlborough College, a charity registered with charity number 309486, and to preserve the capital for general charitable purposes. The Trust became a registered charity on 22 May 2012.

In planning our activities we have kept in mind the Charity Commission's guidance on public benefit and have followed this guidance to demonstrate the charitable aims are for the public benefit.

Management and governance arrangements and Risk Management

The Trust is a registered charity, number 1147365 established by a Will dated 15 October 1951, codicil dated 13 October 1952 and the death of Gerald Curgenven on 23 June 1959.

The Trustees have reviewed all known risks and have satisfied themselves that there are adequate systems and procedures in place to mitigate the risks identified.

The Trustees have a policy of maintaining a minimum of three Trustees and recruitment will be from persons deemed suitable, who are unanimously elected by current Trustees after an interview process.

Financial review, investment policy and reserves

All income generated by the capital will be distributed in accordance with the Charity's objectives. The Trustees have the power to apply income towards maintenance upkeep, and any other costs a prudent owner would incur in the management of the Trust.

The Trust employs Savills as property agents.

Professional Trustees charge at their standard charging out rate for time spent in respect of acting as a Trustee. Lay trustees do not charge for their time. All Trustees charge for reasonable out of pocket expenses.

The results for the year are as stated in the attached financial statements. A surplus of £80,143 was achieved this year (2019: £103,536) before its distribution to Marlborough College.

Once the Trustees have approved the accounts and know the surplus generated by the trust for the previous financial year, they will make an interim payment to the income beneficiary within the first six months of the financial year.

The trustees' policy is to keep a minimum of £50,000 surplus income in reserve from the previous financial year in case of a drop in income or some unforeseen event in the next financial year. The reserves are held to reflect cash flow requirements due to the timing of the income streams which are March (Lady Day) and September (Michaelmas). In the event that there is no drop in income or other unforeseen event, the trustees will make a distribution of the reserved amount at the end of the following financial year to the income beneficiary.

The reserves policy is subject to annual review.

Plans for the Future

The Trust's aims for 2021 is to continue to raise income for its income beneficiary, Marlborough College, and to preserve the capital for general charitable purposes.

2

Trustees' Annual Report for the year ended 31 December 2020

Statement of Trustees' responsibilities

Charity law requires the Trustees to prepare financial statements for each financial year which show a true and fair view of the state of affairs of the charity and its financial activities for that period. In preparing those financial statements, the Trustees are required to:

The Trustees are responsible for keeping proper accounting records which disclose with reasonable accuracy at any time the financial position of the charity and to enable them to ensure that the financial statements comply with the Charities Act 2011. They are also responsible for safeguarding the assets of the charity and hence for taking reasonable steps for the prevention and detection of fraud and other irregularities.

Approval

This report was approved by the Trustees on 27 October 2022 and signed on its behalf by:

J. Wakeham

…................................

Mr J Wakeham - Trustee

M Bromell

…................................ Mr M Bromell - Trustee

R Perry

…................................

Mrs R Perry - Trustee

3

REPORT OF THE INDEPENDENT AUDITORS TO THE TRUSTEES OF THE GERALD CURGENVEN WILL TRUST

Opinion

We have audited the financial statements of The Gerald Curgenven Will Trust (the ‘charity’) for the year ended 31 December 2020 which comprise the Statement of Financial Activities, the Balance Sheet, the Statement of Cash Flows and notes to the financial statements, including a summary of significant accounting policies. The financial reporting framework that has been applied in their preparation is applicable law and United Kingdom Accounting Standards, including Financial Reporting Standard 102 The Financial Reporting Standard applicable in the UK and Republic of Ireland (United Kingdom Generally Accepted Accounting Practice).

In our opinion the financial statements:

Basis for opinion

We conducted our audit in accordance with International Standards on Auditing (UK) (ISAs (UK)) and applicable law. Our responsibilities under those standards are further described in the Auditor’s responsibilities for the audit of the financial statements section of our report. We are independent of the charity in accordance with the ethical requirements that are relevant to our audit of the financial statements in the UK, including the FRC’s Ethical Standard, and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.

Conclusions relating to going concern

In auditing the financial statements, we have concluded that the trustees’ use of the going concern basis of accounting in the preparation of the financial statements is appropriate.

Based on the work we have performed, we have not identified any material uncertainties relating to events or conditions that, individually or collectively, may cast significant doubt on the charity’s ability to continue as a going concern for a period of at least twelve months from when the financial statements are authorised for issue.

Our responsibilities and the responsibilities of the trustees with respect to going concern are described in the relevant sections of this report.

Other information

The Trustees are responsible for the other information. The other information comprises the information included in the Trustees’ annual report, other than the financial statements and our auditor’s report thereon. Our opinion on the financial statements does not cover the other information and, except to the extent otherwise explicitly stated in our report, we do not express any form of assurance conclusion thereon.

In connection with our audit of the financial statements, our responsibility is to read the other information and, in doing so, consider whether the other information is materially inconsistent with the financial statements or our knowledge obtained in the audit or otherwise appears to be materially misstated. If we identify such material inconsistencies or apparent material misstatements, we are required to determine whether there is a material misstatement in the financial statements or a material misstatement of the other information. If, based on the work we have performed, we conclude that there is a material misstatement of this other information, we are required to report that fact.

We have nothing to report in this regard.

Matters on which we are required to report by exception

We have nothing to report in respect of the following matters in relation to which the Charities (Accounts and Reports) Regulations 2008 require us to report to you if, in our opinion:

Responsibilities of Trustees

As explained more fully in the Trustees’ responsibilities statement set out on page 3, the Trustees are responsible for the preparation of financial statements which give a true and fair view, and for such internal control as the Trustees determine is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, the Trustees are responsible for assessing the charity’s ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the Trustees either intend to liquidate the charity or to cease operations, or have no realistic alternative but to do so.

4

REPORT OF THE INDEPENDENT AUDITORS TO THE TRUSTEES OF THE GERALD CURGENVEN WILL TRUST

Auditor’s responsibilities for the audit of the financial statements

We have been appointed as auditor under section 144 of the Charities Act 2011 and report in accordance with regulations made under section 154 of that Act.

Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with ISAs (UK) will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements.

A further description of our responsibilities for the audit of the financial statements is located on the Financial Reporting Council’s website at www.frc.org.uk/auditorsresponsibilities. This description forms part of our auditor’s report.

Use of our report

This report is made solely to the charity’s trustees, as a body, in accordance with Part 4 of the Charities (Accounts and Reports) Regulations 2008. Our audit work has been undertaken so that we might state to the charity’s trustees those matters we are required to state to them in an auditor's report and for no other purpose. To the fullest extent permitted by law, we do not accept or assume responsibility to anyone other than the charity and the charity’s trustees as a body, for our audit work, for this report, or for the opinions we have formed.

Azets Audit Services 2nd Floor Regis House 45 King William Street London EC4R 9AN

Date: 27 October 2022

Azets Audit Services is eligible for appointment as auditor by virtue of its eligibility for appointment as auditor of a company under section 1212 of the Companies Act 2006.

5

THE GERALD CURGENVEN WILL TRUST

STATEMENT OF FINANCIAL ACTIVITIES FOR THE YEAR ENDED 31 DECEMBER 2020

Note
Income from charitable activates
Residential Rental income
Agricultural Rental income
Commercial rental income
Overheads Recharged
Investments
Bank Interest
Other
Wayleaves
Total income
Expenditure
Charitable activities (estate management costs)
Property Repairs and Maintenance
Agricultural Property Repairs and Maintenance
Rates
Electricity
Water and Sewerage Charges
Water Supply Electric
Water Supply Repairs
Management fees
Insurance
Office
Professional Fees
Trustees Management Expenses
Consultancy Fees
Bank Charges & interest
Total
Surplus for year for distribution to Marlborough College
Amount due to Marlborough College
Net surplus / (deficit) for the year
Fund balances brought forward as previously stated
Net movement in funds for the year
Fund balances carried forward
£
£
127,413
143,500
1,200
333
52
891
943
273,389
70,916
35,332
4,248
281
911
615
4,036
33,688
16,470
43
8,234
10,279
3,293
4,899
193,246
80,143
(80,143)
-
10,042,895
-
10,042,895
2020
£
£
142,373
113,052
-
9,620
99
885
985
266,029
74,399
9,725
480
799
358
559
7,028
28,265
9,287
-
8,654
10,168
5,481
7,289
162,493
103,536
(103,536)
-
10,042,895
-
10,042,895
2019

The notes on pages 9 to 11 form part of these accounts

6

THE GERALD CURGENVEN WILL TRUST

BALANCE SHEET AS AT 31 DECEMBER 2020

Note
TANGIBLE FIXED ASSETS
Freehold Land and Property
3
CURRENT ASSETS
Cash at Bank
Debtors
4
CURRENT LIABILITIES
Bank overdraft
Creditors
5
NET ASSETS
CAPITAL
Unrestricted Funds
6
TOTAL FUNDS
£
£
10,152,452
69,670
47,377
117,046
2,196
224,408
(226,603)
10,042,895
10,042,895
10,042,895
2020
£
£
10,152,452
95,827
17,421
113,248
65,297
157,508
(222,805)
10,042,895
10,042,895
10,042,895
2019

Approved by the Board of Trustees on 27 October 2022 and signed on its behalf by:

J. Wakeham M Bromell …................................ …................................ Mr J Wakeham - Trustee Mr M Bromell - Trustee

R Perry

…................................ Mrs R Perry - Trustee

The notes on pages 9 to 11 form part of these accounts

7

THE GERALD CURGENVEN WILL TRUST STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 31 DECEMBER 2020

Note
Net Cash used in operating activities
7
Cash flows from investing activities
Interest
Land and property additions
Land and property disposals
Change in cash and cash equivalents in the year
Cash and cash equivalents brought forward
Cash and cash equivalents carried forward
Total
Funds
2020
£
36,892
52
-
-
36,944
30,530
67,474
Prior
Year
2019
£
39,457
99
(4,337)
25,000
60,219
(29,689)
30,530

The notes on pages 9 to 11 form part of these accounts

8

THE GERALD CURGENVEN WILL TRUST NOTES TO THE ACCOUNTS

FOR THE YEAR ENDED 31 DECEMBER 2020

1 Accounting Policy

The principal accounting policies adopted, judgements and key sources of estimation uncertainty in the preparation of the financial statements are as follows:

(a) Basis of accounting

The accounts (financial statements) have been prepared under the historical cost convention with items recognised at cost or transaction value unless otherwise stated in the relevant note(s) to these accounts. The financial statements have been prepared in accordance with the Statement of Recommended Practice: Accounting and Reporting by Charities preparing their accounts in accordance with the Financial Reporting Standard applicable in the UK and Republic of Ireland (FRS 102) issued on 16 July 2017 and the Financial Reporting Standard applicable in the United Kingdom and the Republic of Ireland (FRS 102) and the Charities Act 2011.

The Gerald Curgenven Will Trust meets the definition of a public benefit entity under FRS 102. Assets and liabilities are initially recognised at historical cost or transaction value unless otherwise stated in the relevant accounting policy note(s).

The financial statements are prepared in sterling which is the functional currency of the charity.

The Charity has a reasonable expectation that there are adequate resources to continue in operational existence for the foreseeable future. It has therefore continued to adopt the going concern basis in preparing its financial statements.

All incoming resources are included in the Statement of Financial Activities (SoFA) when the Charity is legally entitled to the income after any performance conditions have been met, the amount can be measured reliably and it is probable that the income will be received.

(d) Expenditure Recognition

All expenditure is accounted for on an accruals basis and has been classified under headings that aggregate all costs related to the category. Expenditure is recognised where there is a legal or constructive obligation to make payments to third parties, it is probable that the settlement will be required and the amount of the obligation can be measured reliably. It is categorised under the following headings:

Charitable expenditure (estate management costs) comprises those costs incurred by the charity in the delivery of its activities and services for its beneficiaries. It includes costs that can be allocated directly to such activities, costs of an indirect nature necessary to support them and costs associated with meeting the constitutional and statutory requirements of the charity.

The charity is not registered for VAT and all expenditure includes this where appropriate.

Trustees expenses include the reimbursement of costs incurred in carrying out their duties and generally acting as Trustees for the charity as allowed by the charging clause in the Trust document. The charity does not make direct payments to third parties on behalf of the Trustees.

(f) Fund accounting

Unrestricted funds comprise those funds which the Trustees are free to use for any purposes in furtherance of the charitable objects.

(g) Investment properties

Investment properties comprise of freehold land and property and are included at cost. The historic cost to the charity (and previous trust) is unknown therefore they have been included at a valuation provided by Savills.

(h) Debtors

Debtors are recognised at the settlement amount due.

This is the cash held at the Savills Client Account. The trust does not have any other bank accounts.

9

THE GERALD CURGENVEN WILL TRUST NOTES TO THE ACCOUNTS (continued) FOR THE YEAR ENDED 31 DECEMBER 2020

1 Accounting Policies(continued)

(j) Creditors

Creditors are recognised where the Trust has a present obligation resulting from a past event that will probably result in the transfer of funds to a third party and the amount due to settle the obligation can be measured or estimated reliably.

Creditors are recognised at their settlement amount due.

(l) Tax

Value Added Tax is not recoverable by the Charity and as such is included in the relevant costs in the Statement of Financial Activities. The Trust is a registered charity and is exempt from taxation on its income and gains for charitable purposes.

(m) Judgements and key sources of estimation uncertainty

Accounting estimates and judgements are continually evaluated and are based on historical experience and other factors, including expectations of future events that are believed to be reasonable under the circumstances.

The following judgements (apart from those involving estimates) have been made in the process of applying the above accounting policies that have had the most significant effect on amounts recognised in the financial statements:

Valuation of investment properties

The valuation of investment properties is sensitive to changes dictated by both the condition of the properties and also the market. The value of the investment properties held are assessed annually and are amended when necessary to reflect current estimates.

There are no key assumptions concerning the future and other key sources of estimation uncertainty at the reporting date that have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities within the next financial year.

Audit fee
Trustees Expenses
2020
£
2,394
10,279
2019
£
2,520
10,168

3 INVESTMENT PROPERTIES

INVESTMENT PROPERTIES
Valuation Land &
Property
£
As at 1 January 2020 10,152,452
Land & property improvements -
Land & property disposals -
As at 31 December 2020 10,152,452

The investment properties were not revalued by a professional advisor for year ended 31 December 2020, however the trustees believe that this valuation represents a prudent reflection of the market conditions as at this date.

4 Debtors

Tenant Debtors
Accrued Rental Income
Prepayments
2020
£
12,158
28,700
6,518
47,377
2019
£
12,695
-
4,726
17,421

10

THE GERALD CURGENVEN WILL TRUST NOTES TO THE ACCOUNTS (continued) FOR THE YEAR ENDED 31 DECEMBER 2020

5
Creditors
Creditors
Undistributed income for 2020
The balance of undistributed income for 2019
Residential Rental Income received in advance
Accruals
83,622
80,143
53,536
4,330
2,777
224,408
50,510
103,536
-
-
3,462
157,508
6 Unrestricted Funds
Analysis of movements in unrestricted funds
1 January
Capital
Incoming
Transfer
Outgoing
31 December
2020
receipt
Resources
Resources
2020
£
£
£
£
£
£
On-going objectives
10,042,895
-
273,389
-
(273,389)
10,042,895
Analysis of movements in unrestricted funds - previous financial year
1 January
Capital
Incoming
Transfer
Outgoing
31 December
2019
receipt
Resources
Resources
2019
£
£
£
£
£
£
On-going objectives
10,042,895
-
266,029
-
(266,029)
10,042,895
Net movement of funds
Deduct interest income shown
Investing activities
Decrease (increase) in debtors
Increase (decrease) in creditors
Net cash used in operating activities
2020
£
-
(52)
(29,956)
66,900
36,892
2019
£
-
(99)
(15,007)
54,563
39,457

8 Related party transactions

During the year, the Trust incurred charges from Kivells Limited, of which M W Bromell is a director, amounting to £10,279 for payments to professional trustees and travel and associated costs for all trustees.

9 Subsequent events

During financial year to 31 December 2022, the Estate (The Manor of Trevalga) described in the accounts as the Investment Properties, has been listed for sale as a whole at an asking price of £15.75million. The Estate has not been sold as at the date of signing of these financial statements.

11