When charitable gifts are incorrectly named in a Will, the High Court’s intervention can ensure that the gifts are properly allocated.
This happened recently when the court identified suitable recipients for several misnamed charities, ensuring the intended donations were fulfilled.
(Read Time: Approx. 3 minutes)
Topics Discussed:
- The High Court’s role in interpreting Wills with incorrectly named charities.
- The legal principles applied to ensure charitable gifts are honoured.
High Court Ensures Charitable Gifts Are Honoured
Case Background: Dryden v Young
In the case of Dryden v Young [2024] EWHC 1095 (Ch), the High Court dealt with the Will of Marjorie Thompson, who passed away on 9 April 2020.
Her Will, dated 26 May 2016, and a subsequent codicil, listed several charitable organisations as beneficiaries.
However, due to incorrect naming, the court had to determine the validity of the gifts and the identities of seven of the intended charitable recipients.
- Estate Value and Beneficiaries: The estate, valued at £1.48 million, included various gifts to family members and friends, with the residue equally divided among fifteen charities. Each charity’s share amounted to approximately £105,000, minus legal costs.
- Legal Challenges: The solicitor who drafted the Will had retired, leaving no written records. The Will contained a clause barring charities from benefiting if they changed names or merged before the estate was distributed. The court clarified that this clause applied only to changes occurring after the Will’s execution.
Court’s Approach to Charitable Gifts
The court outlined specific principles to determine the validity and proper recipients of the charitable gifts:
- Identifying the Entity: For each apparent charitable gift, the court had to establish if the entity existed at the time of the Will’s execution and what that entity was.
- Charitable Trusts and Associations: Gifts to charitable trusts or unincorporated associations were construed as gifts for the charitable purposes for which the charity held its property. For corporate charities, the gift was treated as a gift to the corporate entity itself.
- Changes in Nature or Existence: If a charity had changed in nature since the Will’s date, the gift could pass ‘cy pres’ to a similar entity. If a charity never existed, the gift would pass as if on intestacy.
Key Rulings and Outcomes
- Animal Charity in Liquidation: One of the charities was in liquidation but still existed at the time of the deceased’s death, validating the gift. If dissolved, the amount would go to the Crown bona vacantia, to be used for similar charitable purposes.
- Non-Existent Charities: Several charities listed in the Will never existed, but the court found organisations with similar names and objectives. This allowed the court to identify suitable recipients and prevent the gifts from failing.
Ensuring the Wishes of the Deceased
The court’s intervention in this case highlights the importance of clear and precise Will drafting.
However, even when errors occur, the High Court can interpret the Will to honour the testator’s intentions, ensuring that charitable gifts reach their intended recipients.
Summary
Drafting a Will with precise legal guidance is essential to avoid complications with charitable gifts.
If you intend to include charitable donations in your Will, ensuring your intentions are explicitly stated and legally sound is crucial.
At Help Me Legal, we specialise in estate planning and Will interpretation to make sure your charitable gifts are honoured exactly as you wish.
Take action now to secure your legacy and make a significant impact through charitable donations.
Contact Saara at Help Me Legal today.
Call us at 01772 282768, email Saara at saara@helpmelegal.uk, or reach out via WhatsApp at +447816848188.
Let us help you make your philanthropic intentions a reality.