Dryden v Young & Ors [2024] EWHC 1095 (Ch) (10 May 2024)

Dryden v Young & Ors [2024] EWHC 1095 (Ch) (10 May 2024)

The court determined that the seven gifts of residue in the will should be construed according to the testator's intention as expressed in the will, applying established principles of construction. Where the named entity existed or could be identified, the gift was valid. Where the entity did not exist or was ambiguous, the gift was to be applied cy-près if a general charitable intent was found; otherwise, it would pass on intestacy. The court found sufficient general charitable intent for cy-près application in most cases.

Citation
[2024] EWHC 1095 (Ch)
Parties
Claimant: William John Dryden; First Defendant: Lorna Young; Second Defendant: The Attorney General for England and Wales; Third Defendant: The Animal Defence Trust; Fourth Defendant: The Donkey Sanctuary; Fifth Defendant: British Diabetic Association
Jurisdiction
England and Wales
Judgment Date
10 May 2024
Procedural Posture
Part 8 Claim (construction of Will) / Final Judgment
Outcome
Declaration as to construction of will; directions for cy-près application or intestacy as appropriate.
Legal Topics
Construction of Wills, Charitable Gifts, Cy Près Doctrine, Intestacy, Identification of Beneficiaries
Probate Trusts Charity Law Construction of Wills Charitable Gifts Cy Près Doctrine Intestacy Identification of Beneficiaries

Case Brief

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Parties

William John Dryden

Claimant

Lorna Young

First Defendant

The Attorney General for England and Wales

Second Defendant

The Animal Defence Trust

Third Defendant

The Donkey Sanctuary

Fourth Defendant

British Diabetic Association

Fifth Defendant

Procedural Posture

Part 8 Claim (construction of Will) / Final Judgment

Legal Issues

  1. 1 What is the true construction of seven gifts of residue in the will of Marjorie Robinson Thompson?
  2. 2 Are the gifts valid, do they lapse, or are they to be applied cy-près or pass on intestacy?
  3. 3 What is the identity of the organisations intended to be benefitted?

Ratio Decidendi

The court determined that the seven gifts of residue in the will should be construed according to the testator's intention as expressed in the will, applying established principles of construction. Where the named entity existed or could be identified, the gift was valid. Where the entity did not exist or was ambiguous, the gift was to be applied cy-près if a general charitable intent was found; otherwise, it would pass on intestacy. The court found sufficient general charitable intent for cy-près application in most cases.

Court Disposition

Declaration as to construction of will; directions for cy-près application or intestacy as appropriate.

Orders

  • The gifts of residue to the seven named entities are construed as valid where the entity exists or can be identified.
  • Where the entity does not exist or is ambiguous, the gift is to be applied cy-près by scheme if general charitable intent is found.