Part 170 - High Court case on legacy to defunct charity

Identity area

Reference code

GB 235 LSH/1/1/1/1/170

Title

High Court case on legacy to defunct charity

Date(s)

  • 1933-09-05 (Creation)

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1 page

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(1898-1967)

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SUMMARY:
A report describes a new legal power allowing the Court to redirect charitable legacies when the named charity no longer exists. The first case under the new act was heard in the High Court of Justice, where the judge ordered the funds to a similar charity and urged greater care in will-making.

CONTENT:
But now the law has been changed so that the Court can
hear the facts and decide as to the best way to use the
money and it is the duty of a solicitor having such a
case to bring it to the Court's notice. It
is interesting to note that although the law on this point has
remained the same for over two hundred
years, the first case under the new act was heard in
the High Court of Justice yesterday. A legacy having been left
to a charity which had ceased to exist the judge was asked
to decide what should be done with the money.
The judge said that it was a great pity that people
did not take more care when making their wills and should
be sure that the charity they wished to benefit was still
in existence. He said that in this case he would order the
money to be paid to another charity which was doing work
of a similar kind to that of the charity which had ceased
to exist. He said that the law was now much more
sensible and that in future there would be no difficulty
in dealing with cases of this kind. It is to be hoped
that people will take the advice of the judge and make
sure that the charity they wish to benefit is still in
existence. If they do this they will save their heirs
a great deal of trouble and expense.

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