William John Dryden v Lorna Young & Ors

William John Dryden v Lorna Young & Ors

The court determined the true construction of the seven gifts of residue in the will, holding that where the named entity had ceased or changed before the will, the gift was construed as a misdescription and valid if the charitable work continued in a successor entity; clause 13 only applied prospectively to changes after the will’s execution; where entities existed at death, gifts were valid; where entities had merged or changed names, gifts were valid to the successor; cy-près would apply if a general charitable intention was found and no entity existed.

Parties
Claimant: William John Dryden; First Defendant: Lorna Young; Second Defendant: Attorney General for England and Wales; Third Defendant: Animal Defence Trust; Fourth Defendant: The Donkey Sanctuary; Fifth Defendant: British Diabetic Association
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Part 8 Proceedings / Judgment After Hearing
Outcome
Gifts of residue to the seven organisations are valid and payable to the identified successor entities or as construed by the court.
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

Attorney General for England and Wales

Second Defendant

Animal Defence Trust

Third Defendant

The Donkey Sanctuary

Fourth Defendant

British Diabetic Association

Fifth Defendant

Procedural Posture

Part 8 Proceedings / Judgment After Hearing

Legal Issues

  1. 1 Proper construction of gifts of residue in a will to seven named organisations
  2. 2 Validity of gifts to entities that have changed, ceased, or merged
  3. 3 Application of cy-près doctrine

Ratio Decidendi

The court determined the true construction of the seven gifts of residue in the will, holding that where the named entity had ceased or changed before the will, the gift was construed as a misdescription and valid if the charitable work continued in a successor entity; clause 13 only applied prospectively to changes after the will’s execution; where entities existed at death, gifts were valid; where entities had merged or changed names, gifts were valid to the successor; cy-près would apply if a general charitable intention was found and no entity existed.

Court Disposition

Gifts of residue to the seven organisations are valid and payable to the identified successor entities or as construed by the court.

Orders

  • Gift to Animal Defence Society construed as gift to Animal Defence Trust (charity no. 263095).
  • Gift to Animal Health Trust valid and payable to liquidators if company exists; otherwise to Crown bona vacantia.