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United Kingdom constructioncharitable giftscy pres

Dryden v Young

[2024] EWHC 1095 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Chancery Division (HHJ Davis-White KC)
Year2024
StatusPersuasive authority

Key Principle

A testamentary gift to a charity that is misdescribed or has ceased to exist will be upheld where the testator's charitable intention can be ascertained by construction (a gift to an unincorporated charity being treated as a gift for its charitable purposes) and, failing identification by construction, applied cy-près, so as to avoid an intestacy.

Area of Law

General

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