Gibbs v Harding & Ors

Gibbs v Harding & Ors

The clause in the will took effect as a gift to the Roman Catholic Diocese of Westminster on charitable trusts, with the reference to 'black community' construed in accordance with section 34 of the Race Relations Act 1976, and the precise trusts to be settled by a scheme.

Parties
Claimant: John William Barratt Gibbs; Defendant: Joy Winsome Harding; Defendant: James Alexander Harding; Defendant: Lloyd George Wariah Harding; Defendant: Orell Harding-Mielke; Defendant: HM Attorney-General
Jurisdiction
England and Wales
Judgment Date
12 January 2007
Procedural Posture
Probate/charity / Judgment
Outcome
Gift upheld as a valid charitable trust
Legal Topics
Testamentary Gifts, Charitable Trusts, Intestacy, Precatory Words, Discriminatory Trusts
Succession Charity Law Testamentary Gifts Charitable Trusts Intestacy Precatory Words Discriminatory Trusts

Case Brief

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Parties

John William Barratt Gibbs

Claimant

Joy Winsome Harding

Defendant

James Alexander Harding

Defendant

Lloyd George Wariah Harding

Defendant

Orell Harding-Mielke

Defendant

HM Attorney-General

Defendant

Procedural Posture

Probate/charity / Judgment

Legal Issues

  1. 1 Whether the will created a valid testamentary gift and on what terms
  2. 2 Whether the gift was absolute, on charitable trusts, for the benefit of the CCC, or failed and intestacy resulted
  3. 3 Whether a gift to a class defined by colour is valid or void for uncertainty or public policy

Ratio Decidendi

The clause in the will took effect as a gift to the Roman Catholic Diocese of Westminster on charitable trusts, with the reference to 'black community' construed in accordance with section 34 of the Race Relations Act 1976, and the precise trusts to be settled by a scheme.

Court Disposition

Gift upheld as a valid charitable trust

Orders

  • The clause in the will takes effect as a gift to the Roman Catholic Diocese of Westminster on charitable trusts.
  • The precise nature of the trusts to be settled by a scheme.