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.

lincroft1710

I am not an expert but if the charity ceased to exist prior to the making of the will, I would have thought the bequest would fail. Perhaps a solicitor could advise for a nominal fee

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 ?