Re Finger's Will Trusts
A gift to an unincorporated charity that has ceased to exist may still take effect as a gift for its purposes, while a gift to a dissolved charitable company lapses unless there is a general charitable intention.
Facts
Mrs Finger left her residuary estate to a number of charities, including the National Radium Commission, an unincorporated association, and the National Council for Maternity and Child Welfare, a company. Both had ceased to exist before her death. The question was whether the gifts lapsed.
Legal principle
Goff J held that the gift to the National Radium Commission took effect as a gift for its purposes, which could be carried on by other bodies, because a gift to an unincorporated charity is construed as a gift for its charitable purposes, which continue even if the association has ceased to exist. The gift to the National Council for Maternity and Child Welfare, a corporate body, would have lapsed, but the court found a general charitable intention, because the will showed that the testatrix intended her whole estate to go to charity, so it could be applied cy-près.
Related cases on charitable trusts
- Chichester Diocesan Fund and Board of Finance Inc v Simpson [1944] AC 341
- Re Compton [1945] Ch 123
- Dingle v Turner [1972] AC 601
- Gilmour v Coats [1949] AC 426
- Re Harwood [1936] Ch 285
- Re Hetherington [1990] Ch 1
- Income Tax Special Purposes Commissioners v Pemsel [1891] AC 531
- IRC v Baddeley [1955] AC 572
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