Berry & Anor v IBS-STL (UK) Ltd & Anor

Section 75F does not apply because the will only benefits charities in existence at the testatrix's death, and IBS had ceased to exist by then. The sixth share is not a gift to IBS and must be distributed at the trustees' discretion under Clause 6.3.

Parties: Claimant: Simon Anthony Berry; Claimant: Paul Archer; First Defendant: IBS-STL (UK) Limited (in liquidation); Second Defendant: Her Majesty’s Attorney General
Jurisdiction: England and Wales
Judgment Date: 16 February 2012
Procedural Posture: Probate/charity / Judgment
Outcome: Application granted; trustees may exercise discretion under Clause 6.3.
Legal Topics: Construction of Will, Charity Merger, Application of Charities Act, Trustee Discretion

Probate Charity Law Construction of Will Charity Merger Application of Charities Act Trustee Discretion

Case Brief

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Parties

Simon Anthony Berry

Claimant

Paul Archer

Claimant

IBS-STL (UK) Limited (in liquidation)

First Defendant

Her Majesty’s Attorney General

Second Defendant

Procedural Posture

Probate/charity / Judgment

Legal Issues

1 Whether section 75F of the Charities Act 1993 applies to the residuary gift in the will
2 Whether the trustees must pay the share to the merged charity or exercise discretion under Clause 6.3 of the will

Ratio Decidendi

Court Disposition

Application granted; trustees may exercise discretion under Clause 6.3.

Orders

Court approves trustees' proposed distribution of the sixth share to substitute charities.