Charity Mergers: A missed opportunity

Joshua Winfield looks at the lessons of Re Longman The executors no longer wished to exercise their discretion in favour of the company. They therefore issued a Part 8 claim under Part 64 of the Civil Procedure Rules 1998. Section 75F of the Charities Act 1993 (now s311 of the Charities Act 2011) (s75F) provides …
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Phillips v RSPB & ors [2012] EWHC 618 (Ch)

Wills & Trusts Law Reports | June 2012 #120

Vera Gwendoline Spear (the testator) died on 5 January 2007 leaving a will dated 29 August 1997 (the will). Apart from a specific bequest of the testator’s pet parrot the will left the entirety of the testator’s estate on trust to her executors to be divided in equal shares between the Royal Society for the Protection of Birds, the Peoples Dispensary for Sick Animals, Monkey World Ltd and ‘the Owl Sanctuary Crow Ringwood Hampshire’. The value of the deceased’s residuary estate was approximately £260,000. The claimant was the testator’s sole executor an...

Young & anr v HM Attorney General & ors [2011] EWHC 3782 (Ch)

Wills & Trusts Law Reports | June 2012 #120

Wedgwood Museum Trust Ltd (the museum company) was insolvent. Directions were sought by the administrators of the museum company as to whether or not a unique museum collection of pottery and other artefacts built up over many years by Josiah Wedgwood and Sons Ltd (the trading company) was available to pay liabilities arising in the insolvency of the museum company.

The museum company was incorporated in 1962 and received the collection as a gift from the trading company in 1964. At the time of the gift, it was not contemplated that the museum company would acquire liabilities. Th...