British Camelids Limited v Brooke Hospital for Animals & Ors

British Camelids Limited v Brooke Hospital for Animals & Ors

Gifts to unincorporated charities in the will are construed as gifts for their charitable purposes, not conditional on the continued existence of the named entity unless the will shows a contrary intention. The first, second, and third defendants are entitled to the gifts as they continue the relevant charitable purposes. The gift to Burstow Wildlife Sanctuary is to be applied cy-près among parties carrying on its purposes.

Parties
Claimant: British Camelids Limited; 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
09 May 2025
Procedural Posture
Probate / Construction of Will / Judgment After Part 8 Claim Hearing
Outcome
Gifts to the first, second, and third defendants upheld; Burstow Wildlife Sanctuary's share to be applied cy-près; directions to be given on consequential matters.
Legal Topics
Construction of Wills, Gifts to Charities, Cy Près Doctrine, Charity Mergers, Identification of Beneficiaries
Probate Charity Law Construction of Wills Gifts to Charities Cy Près Doctrine Charity Mergers Identification of Beneficiaries

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Parties

British Camelids Limited

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

Probate / Construction of Will / Judgment After Part 8 Claim Hearing

Legal Issues

  1. 1 Whether gifts to named charities in the will are conditional on the continued existence of the named entities at the date of death
  2. 2 Whether successor entities or those carrying on the same charitable purposes are entitled to the gifts
  3. 3 Whether gifts to ceased charities fail or are to be applied cy-près

Ratio Decidendi

Gifts to unincorporated charities in the will are construed as gifts for their charitable purposes, not conditional on the continued existence of the named entity unless the will shows a contrary intention. The first, second, and third defendants are entitled to the gifts as they continue the relevant charitable purposes. The gift to Burstow Wildlife Sanctuary is to be applied cy-près among parties carrying on its purposes.

Court Disposition

Gifts to the first, second, and third defendants upheld; Burstow Wildlife Sanctuary's share to be applied cy-près; directions to be given on consequential matters.

Orders

  • Declare first, second, and third defendants entitled to shares of residue for the relevant charitable purposes.
  • Direct that Burstow Wildlife Sanctuary's share be applied cy-près among appropriate parties.