The following Private Client Q&A Produced in partnership with Ward Hadaway provides comprehensive and up to date legal information covering:
For the purposes of this Q&A, we have assumed that the merger took place prior to the death of the testator.
Before considering the question of whether one of two shares ought to fail, it is important to consider the position of the bequests to the charities generally and whether the gifts fail in their entirety.
The purpose of Charities Act 2011, s 311 is to save gifts to charities which merge prior to the gift taking effect. However, there is a general concern that the drafting of the legislation is flawed and will not save a legacy to a charity if the Will is drafted in such a way as to require the original charity to exist at the date that the bequest takes effect.
Therefore, in order for charities to ensure that they do not lose legacies following a merger, the merging charities often retain shell companies of their old charities to receive legacies bequeathed to the
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