Kings v Bultitude & Anor

Kings v Bultitude & Anor

The Church ceased to exist as an institution and its purposes ended with Mrs Schroder's death; there was no general charitable intention in the will to save the gift; therefore, the gift of residue fails and passes on partial intestacy. The church bank accounts and contents were held for charitable purposes and are applicable cy-près.

Parties
Claimant: John Christopher Kings; First Defendant: Dorothy Bultitude; Second Defendant: H M Attorney General
Jurisdiction
England and Wales
Judgment Date
15 July 2010
Procedural Posture
Probate/charity/trusts / Judgment After Trial
Outcome
Gift of residue in Clause 8 of the Will fails; residue passes on partial intestacy; church bank accounts and contents held for charitable purposes are applicable cy-près.
Legal Topics
Partial Intestacy, Charitable Gifts in Wills, Cy Près Doctrine, Failure of Charitable Purpose, Ownership of Church Assets
Succession Charity Law Trusts Partial Intestacy Charitable Gifts in Wills Cy Près Doctrine Failure of Charitable Purpose Ownership of Church Assets

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Parties

John Christopher Kings

Claimant

Dorothy Bultitude

First Defendant

H M Attorney General

Second Defendant

Procedural Posture

Probate/charity/trusts / Judgment After Trial

Legal Issues

  1. 1 Whether the residuary estate of Pamela Schroder is subject to a valid charitable gift to an identifiable institution
  2. 2 Whether the charitable gift failed subsequent to taking effect so as to be applied cy-près
  3. 3 Whether the charitable gift failed initially but may be applied cy-près due to a paramount charitable intention

Ratio Decidendi

The Church ceased to exist as an institution and its purposes ended with Mrs Schroder's death; there was no general charitable intention in the will to save the gift; therefore, the gift of residue fails and passes on partial intestacy. The church bank accounts and contents were held for charitable purposes and are applicable cy-près.

Court Disposition

Gift of residue in Clause 8 of the Will fails; residue passes on partial intestacy; church bank accounts and contents held for charitable purposes are applicable cy-près.

Orders

  • Residue of estate passes on partial intestacy
  • Church bank accounts and contents to be applied cy-près for charitable purposes