William John Dryden v Lorna Young & Ors

A charitable gift in a will must first be construed to identify the intended donee. A misdescription may be corrected where the surrounding circumstances identify an existing entity. Gifts to unincorporated charities are normally construed as gifts for the charity’s purposes, rather than gifts dependent on the continued existence of the named organisation. Gifts to incorporated charities are normally absolute gifts to the corporate body, unless the will shows a contrary intention. Where a charitable gift fails, it may be applied cy-près if a general charitable intention is established; otherwise it passes on intestacy. A clause dealing with a charity’s name change, amalgamation or transfer of assets was construed prospectively, applying only to changes after execution of the will.

The claimant, as administrator of the estate of Marjorie Robinson Thompson, sought declarations concerning seven equal residuary gifts in the deceased’s will dated 26 May 2016. The will contained inaccurate or obsolete names and addresses for several charitable organisations. The court was asked to identify the intended beneficiaries and determine whether any gifts had lapsed, should be applied cy-près, or passed on intestacy.

The principal issues were the proper construction of gifts to charitable trusts, unincorporated associations and incorporated charities, and the effect of clause 13, which referred to a beneficiary changing its name, amalgamating or transferring its assets.

1. Construction of charitable gifts. The court must first construe the words of the will to identify the intended donee. Where the named entity never existed, or the description is ambiguous, the court must consider whether the will nevertheless evinces a general charitable intention permitting a cy-près scheme.
2. Unincorporated charities. A gift to an unincorporated charity is normally a gift for the charitable purposes for which the charity holds its property. It is not normally dependent on the continuing existence of the named organisation in its original form. That conclusion may be displaced where the wording or circumstances show that the particular organisation is of the essence of the gift.
3. Incorporated charities. A gift to an incorporated charity is normally an absolute gift to the corporate body, not a trust gift for its charitable purposes. Liquidation or a change of objects does not ordinarily invalidate the gift while the corporation remains in existence. If dissolution occurred before death, the gift would ordinarily fail, subject to a general charitable intention.
4. Clause 13. The clause applied only to changes occurring after execution of the will. Earlier changes of name, amalgamations and asset transfers did not engage it.
5. The gifts were validly construed in favour of the Animal Defence Trust, Animal Health Trust, Royal Society for Wildlife Trusts, The Donkey Sanctuary, Horseworld Trust, Shire Horse Society and Campaign to Protect Rural England. The parties were invited to agree an order, with any unresolved drafting or costs issue to be dealt with at a further hearing.

First-instance Part 8 proceedings in the High Court. No earlier judgment in the same proceedings is stated.