Phillips v The Royal Society for the Protection of Birds & Ors [2012] EWHC 618 (Ch) (16 March 2012)

Phillips v The Royal Society for the Protection of Birds & Ors [2012] EWHC 618 (Ch) (16 March 2012)

NWBT is not entitled to the gift under the successor clause as it did not receive all assets of NFOS; the gift to NFOS was effective at the date of death and, upon subsequent dissolution of NFOS, the gift is to be applied cy-pres to NWBT due to similarity of purposes.

Source-derived case information.

Citation
[2012] EWHC 618 (Ch)
Parties
Claimant: David Andrew Phillips; First Defendant: The Royal Society for the Protection of Birds; Second Defendant: The Peoples Dispensary for Sick Animals; Third Defendant: The North Wales Bird Trust; Fourth Defendant: Susan Mary Small; Fifth Defendant: Her Majesty's Attorney General
Jurisdiction
England and Wales
Judgment Date
16 March 2012
Procedural Posture
Chancery Probate Directions / Judgment After Hearing
Outcome
Gift to NFOS to be applied cy-pres to NWBT; NWBT to receive the legacy.
Legal Topics
Cy Pres Doctrine, Lapse of Charitable Gifts, Interpretation of Wills, Corporate Dissolution and Legacies
Charity Law Probate Trusts Cy Pres Doctrine Lapse of Charitable Gifts Interpretation of Wills Corporate Dissolution and Legacies

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Parties

David Andrew Phillips

Claimant

The Royal Society for the Protection of Birds

First Defendant

The Peoples Dispensary for Sick Animals

Second Defendant

The North Wales Bird Trust

Third Defendant

Susan Mary Small

Fourth Defendant

Her Majesty's Attorney General

Fifth Defendant

Procedural Posture

Chancery Probate Directions / Judgment After Hearing

Legal Issues

  1. 1 Whether the gift to NFOS in Mrs Spear's will passes to NWBT under the successor clause
  2. 2 Whether the gift is saved for charity under cy-pres doctrine
  3. 3 Whether the gift lapses and passes on intestacy

Ratio Decidendi

NWBT is not entitled to the gift under the successor clause as it did not receive all assets of NFOS; the gift to NFOS was effective at the date of death and, upon subsequent dissolution of NFOS, the gift is to be applied cy-pres to NWBT due to similarity of purposes.

Court Disposition

Gift to NFOS to be applied cy-pres to NWBT; NWBT to receive the legacy.

Orders

  • Counsel to submit draft order for cy-pres application to NWBT.
  • If draft agreed, no attendance required at hand-down.