Q&As

The deceased left an absolute gift in their Will to a particular local branch of a charity which closed a few years ago. Does the gift fail? The Will states that if the charity has been amalgamated, changed its name or constitution the executors can transfer the gift and the charity number used in the Will refers to the main charity and not the branch.

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Published on LexisPSL on 10/07/2020

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • The deceased left an absolute gift in their Will to a particular local branch of a charity which closed a few years ago. Does the gift fail? The Will states that if the charity has been amalgamated, changed its name or constitution the executors can transfer the gift and the charity number used in the Will refers to the main charity and not the branch.

A gift to an institution which has ceased to exist in the testator's lifetime, whether before or after the date of the Will, lapses unless it is saved by the registered merger provisions of the Charities Act 2011, or a general intention can be shown (it is difficult to find a general intention where the testator has taken care to identify the particular charity).

However, there is authority w

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