Q&As

A Will leaves residuary estate to 18 different charities. Two of them (X and Y) have now merged to form Z, a new charity carrying on the charitable purposes of X and Y. Does Z now receive 2/18ths or does one share fail due to the presumption that a beneficiary who is named twice will only receive one gift?

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Produced in partnership with Ward Hadaway
Published on LexisPSL on 26/04/2016

The following Private Client Q&A produced in partnership with Ward Hadaway provides comprehensive and up to date legal information covering:

  • A Will leaves residuary estate to 18 different charities. Two of them (X and Y) have now merged to form Z, a new charity carrying on the charitable purposes of X and Y. Does Z now receive 2/18ths or does one share fail due to the presumption that a beneficiary who is named twice will only receive one gift?

A Will leaves residuary estate to 18 different charities. Two of them (X and Y) have now merged to form Z, a new charity carrying on the charitable purposes of X and Y. Does Z now receive 2/18ths or does one share fail due to the presumption that a beneficiary who is named twice will only receive one gift?

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

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