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England and Wales decisions
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British Camelids Ltd v Brooke Hospital for Animals & Ors [2025] EWHC 2255 (Ch) (05 September 2025)
Construction of a will’s residuary charitable gifts. The court held the gifts to named unincorporated charities and projects survived changes in legal form where the purposes continued.
No action for breach of trust was brought by the beneficiary within the limitation period; procedural steps taken did not amount to an 'action' under the Limitation Act 1980. Trustees were not in breach for failing to distribute or invest the trust fund as they acted on legal advice and could not safely distribute without proof of identity. Legal costs assessment was refused as unproductive and disproportionate.
Source excerpt
Haque v Hussain & Ors [2020] EWHC 2739 (Ch) (16 October 2020)
Interim injunction case over trust properties said to belong to MQM Pakistan rather than MQM London, with sale restraints granted but possession and accounting claims refused.
Macintyre & Anor v Oliver & Ors [2018] EWHC 3094 (Ch) (15 November 2018)
Guidance on construction of two wills: the court held Violet’s residue passed to Victoria by implication, and upheld directions for charitable gifts under Charles’s will.
The court construed a defective will clause as gifting the testator’s share of the matrimonial home to his wife, and said rectification would follow if needed.
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