Charity Donation In A Will

WYSPECIAL

I'm currently executing a Will which at first glance looked pretty simple and have been granted probate.

The Will leaves one gift to a charity and then the residue to be divided equally between some named people.

The charity gift is very specific and gives the name, address and registered charity number. The issue I have is this charity no longer exists but seems to have amalgamated with several others some years ago, in fact before the Will was even written! Does this mean that this gift fails or should it be paid to the new charity? There is no mention of successors or alternative charities if that makes a difference.

Thanks.

Keep_pedalling

If charity no longer exists because it has been wound up then the bequest fails, but I do not believe that to be the case if it has been merged with other charities.

https://www.gov.uk/government/publications/register-of-merged-charities/guidance-about-the-register-of-merged-charities

WYSPECIAL

https://forums.moneysavingexpert.com/discussion/comment/82102112#Comment_82102112

Thanks,

I've done a bit of Googling and got this:

Charity number XXXXXXX, known as YYYYYYY did not merge out of existence. Instead, it updated its structure and re-registered under a new charity number AAAAAAA, operating today under the name BBBBBBB.

So it has a new name, new address and new charity number but does it count as the charity mentioned in the Wil that the gift was to be left to?

elsien

This is obviously not a legal answer, but based on the intentions of the person who wrote the will, probably yes.
I would suggest, though that legal advice may be the way to go. Particularly if you think any of the beneficiaries might object.

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/82102160#Comment_82102160

Is the charity largely still operating in the same area of need, with the same objectives ?

Reed_Richards

I am a member of a conservation charity that has changed its name and address in the last ten years. Quite possibly the charity number was changed also; I don't know for sure. But the objectives remain the same. This charity relies quite heavily on bequests for its funding, so it seems unlikely that bequests made using the old name have failed.

Dead_keen

There is something called see-pray (well, actually it is a doctrine spelt as cy-près) that might potentially apply. Google or your favourite language model can tell you more - for example, it might find this. You might also need to think about what the small print says in the will (e.g. if it incorporates standard provisions, these might say something) and how the charity disappeared (e.g. if the right to receive legacies was assigned under a Charity Commission scheme).

WYSPECIAL

https://forums.moneysavingexpert.com/discussion/comment/82102224#Comment_82102224

Yes it basically does the same thing but over a bigger area. That's why I first thought they had amalgamated.

WYSPECIAL

https://forums.moneysavingexpert.com/discussion/comment/82102176#Comment_82102176

Thank you,

to be honest it isn't the beneficiaries that I am concerned about, they are all close relatives.

I am more concerned about getting it wrong from the charity point of view. I know big charities have a reputation for being aggressive when it comes to gifts left to them in Wills. Whilst it is no surprise that the person who died left a generous gift to charity in their Will the chosen charity isn't one that I would have expected. Only just started the process so there is still plenty of time to research the best course of action.

silvercar

is the charity one that would offer a will writing service in return (whether explicit or not) for a bequest?

WYSPECIAL

https://forums.moneysavingexpert.com/discussion/comment/82103367#Comment_82103367

It's an Air Ambulance so probably? There is an invoice from the solicitor that drafted it but the amount paid would have been cheap at the time so may be there was some sort of offer.