Dryden vs Young – why you should take care when making charitable bequests in your Will
When Marjorie Thompson passed away in 2020, she left behind a Will making bequests to a number of charities. However, it was found that seven of the charities were incorrectly or ambiguously named.
For example, Ms Thompson named the ‘Animal Defence Society 52 – 53 Dean Street London W1V 5HJ’ as a beneficiary in her Will. However, no such registered charity existed either on the date of Ms Thompson’s death or when she made the Will – it had ceased to exist in 1971. However, there was an ‘Animal Defence Trust’ registered at that address.
The issue was complicated by a clause in the Will that barred any charity from benefiting if it had changed its named or merged before the estate could be distributed.
The England and Wales High Court (EWHC) was tasked with determining whether:
- The gifts in the Will had failed due to the errors
- If they hadn’t failed, who they should be paid to
- They should be passed on under intestacy laws to Ms Thompson’s family.
Untangling the estate
During its work, the Court had to identify whether the charitable organisation named in the Will existed at the time the Will was made. If it did not, the EWHC had to decide whether the gifts could be saved under ‘cy-près’.
The legal doctrine of ‘cy-près’ (originating from the Norman French phrase cy près comme possible or ‘as close as possible’) is an element of charity law that applies when a charity was formed for a purpose which is no longer possible to achieve. Where this happens, the High Court or the Charity Commission can issue an order to redirect the funds to the nearest possible purpose.
In the context of this case, it meant that the Court might be able to assign the gift to a charity that was as close as possible in nature and purpose to the one Ms Thompson has intended.
As such, the following decisions were made:
| Charity named in Ms Thompson’s Will | EWHC findings |
| The Animal Defence Society | The Animal Defence Society ceased to exist in 1971 and was succeeded by The Animal Defence Trust |
| The Animal Health Trust | The charity was found to be in liquidation; the bequest could be paid to creditors |
| The Society for Promotion of Nature Reserves | The charity was renamed The Royal Society for Wildlife Trusts |
| The Home Rest for Horses | This charity did not exist; the EWHC identified the Horseworld Trust as the recipient |
| The Heavy Horses Preservation Society | This charity did not exist; the EWHC identified the Shire Horse Society as the recipient |
| The Donkey Sanctuary | This was initially listed in Berkshire and is now located in Devon |
| The Society for the Preservation of English Countryside | This charity was identified as the Campaign to Protect Rural England. |
The EWHC therefore found an appropriate beneficiary and ensured that none of the gifts failed. It was able do so by ruling that the problematic clause mentioned above would only take effect for changes of name or merges that took place after the Will was executed.
The importance of properly identifying charitable beneficiaries
This case demonstrates how important it is for legal professionals to ensure that the charities a client wishes to name in their Will are correctly identified and described. Unfortunately, Ms Thompson’s solicitor, who had since retired at the time of her death, had not done this.
Charities can support this process by ensuring that the information required to correctly identify them (for example, their registered charity number and address) is freely available to testators and their legal teams.
EWHC also commented that the evidence provided by the charities themselves during the case regarding their structure and evolution over the years greatly assisted them in establishing whether the gifts could be saved.
Support from our dedicated Wills & Probate team
As the Private Wealth Law Firm, we have experience in drafting Wills for individuals with complex estates and significant wealth and assets to distribute. We have decades of expertise in Will drafting and will work to ensure that there are no mistakes in your Will with the potential to derail your plans for your estate.
If you are seeking professional estate planning support, please don’t hesitate to contact us on 0330 221 8855 or email us at Joyti.henchie@attwaters.co.uk
