Phillips v The Royal Society for the Protection of Birds & Ors

Phillips v The Royal Society for the Protection of Birds & Ors

The gift to NFOS did not pass to NWBT under clause 7 as not all assets were transferred and NWBT did not succeed to NFOS's activities; the gift was to NFOS absolutely, not on trust; as NFOS ceased to exist after the testator's death, the gift is a case of supervening failure and is to be applied cy-pres to NWBT due to similar charitable purposes.

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
Probate/charity / Judgment
Outcome
Gift to NFOS to be applied cy-pres to NWBT.
Legal Topics
Cy Pres Doctrine, Lapse of Legacy, Charitable Trusts, Corporate Dissolution, Construction of Wills
Probate Charity Law Cy Pres Doctrine Lapse of Legacy Charitable Trusts Corporate Dissolution Construction of Wills

Case Brief

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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

Probate/charity / Judgment

Legal Issues

  1. 1 Whether the gift to NFOS in the will is saved for charity or lapses to intestacy
  2. 2 Whether NWBT is entitled to the gift as a successor under clause 7 of the will
  3. 3 Whether the gift is for charitable purposes or to NFOS absolutely

Ratio Decidendi

The gift to NFOS did not pass to NWBT under clause 7 as not all assets were transferred and NWBT did not succeed to NFOS's activities; the gift was to NFOS absolutely, not on trust; as NFOS ceased to exist after the testator's death, the gift is a case of supervening failure and is to be applied cy-pres to NWBT due to similar charitable purposes.

Court Disposition

Gift to NFOS to be applied cy-pres to NWBT.

Orders

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