British Camelids Ltd v Brooke Hospital for Animals & Ors [2025] EWHC 2255 (Ch) (05 September 2025)

British Camelids Ltd v Brooke Hospital for Animals & Ors [2025] EWHC 2255 (Ch) (05 September 2025)

Gifts to unincorporated charities named in the Will are construed as gifts for their charitable purposes; the continued existence of the named entity is not a condition unless the Will evidences contrary intention. Where successor entities carry on the relevant charitable purposes, they are entitled to the gifts. Gifts to specific charitable projects are construed as gifts for those purposes, and if those purposes continue, the gifts do not fail. The gift to Burstow Wildlife Sanctuary is to be applied by scheme among parties carrying on its purposes.

Citation
[2025] EWHC 2255 (Ch)
Parties
Claimant: British Camelids Limited (personal representative of Candia Midworth); First Defendant: Brooke Hospital for Animals; Second Defendant: The Born Free Foundation; Third Defendant: World Animal Protection; Fourth Defendant: British Union for the Abolition of Vivisection; Fifth Defendant: His Majesty's Attorney General
Jurisdiction
England and Wales
Judgment Date
05 September 2025
Procedural Posture
Part 8 Claim (construction of Will) / Judgment After Hearing
Outcome
Gifts to first, second, and third defendants upheld as gifts for charitable purposes; claimant and fourth defendant entitled to shares; Burstow Wildlife Sanctuary's share to be applied by scheme among parties carrying on its purposes.
Legal Topics
Construction of Wills, Charitable Gifts, Cy Près Doctrine, Charity Mergers, Beneficiary Identification
Trusts and Estates Charity Law Construction of Wills Charitable Gifts Cy Près Doctrine Charity Mergers Beneficiary Identification

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Parties

British Camelids Limited (personal representative of Candia Midworth)

Claimant

Brooke Hospital for Animals

First Defendant

The Born Free Foundation

Second Defendant

World Animal Protection

Third Defendant

British Union for the Abolition of Vivisection

Fourth Defendant

His Majesty's Attorney General

Fifth Defendant

Procedural Posture

Part 8 Claim (construction of Will) / Judgment After Hearing

Legal Issues

  1. 1 Whether continued existence of named beneficiaries in same legal form is a condition of gifts
  2. 2 Whether gifts to charities that ceased to exist pass to successor entities
  3. 3 Whether gifts to specific charitable projects or campaigns survive organisational changes

Ratio Decidendi

Gifts to unincorporated charities named in the Will are construed as gifts for their charitable purposes; the continued existence of the named entity is not a condition unless the Will evidences contrary intention. Where successor entities carry on the relevant charitable purposes, they are entitled to the gifts. Gifts to specific charitable projects are construed as gifts for those purposes, and if those purposes continue, the gifts do not fail. The gift to Burstow Wildlife Sanctuary is to be applied by scheme among parties carrying on its purposes.

Court Disposition

Gifts to first, second, and third defendants upheld as gifts for charitable purposes; claimant and fourth defendant entitled to shares; Burstow Wildlife Sanctuary's share to be applied by scheme among parties carrying on its purposes.

Orders

  • Gifts to Brooke Hospital for Animals, Born Free Foundation, and World Animal Protection to be paid for their respective charitable purposes.
  • Claimant and fourth defendant entitled to shares as corporate entities.