The Proceedings
The Proceedings
The active parties are the claimant and the first to third defendants each of which is an incorporated charity:
the claimant, British Camelids Limited, was incorporated and registered as a charity before the date of the Will. It operates as the charitable arm of the British Llama and Alpaca Association;
the first defendant, Brooke Hospital for Animals, the second defendant, the Born Free Foundation, and the third defendant, World Animal Protection, were each incorporated and registered as charities after the date of the Will. They claim respectively to be entitled to a share of the residue left to charities named in the Will which ceased to exist during Mrs Midworth’s lifetime on the basis that they are successors to those charities carrying on their charitable purposes;
the fourth defendant, the British Union for the Abolition of Vivisection, is a company limited by guarantee incorporated in 1929. It is agreed that it is entitled to a share in residue. It is not itself a charity but has executed a Deed of Variation redirecting its share of residue to its charitable arm, Cruelty Free International Trust; and
the fifth defendant, HM Attorney General, has been joined to represent the interests of the Burstow Wildlife Sanctuary, an unincorporated charity which has ceased to exist. HM Attorney General has filed an acknowledgment of service dated 21 February 2025 indicating that he does not intend to contest the claim.
The following witness statements have been filed:
that of Elizabeth Butler, trustee and director of the claimant, dated 22 January 2025;
that of Nicola Piper, the second defendant’s legacy manager dated 18 February 2025;
that of Hayley Spencer, the third defendant’s legacy manager, dated 18 February 2025;
that of Anjna Bhamra, the first defendant’s legacy administrator, dated 19 February 2025;
that of Paul Hewitt, partner at Withers LLP who act for the first to third defendants, dated 20 February 2025; and
that of Karen Young, partner at EMW who act for the claimant, dated 6 March 2025.
- Heading
- Section 1
- The Will and the Estate
- The Proceedings
- Mrs Midworth
- The Evidence about the Potential Beneficiaries
- The Questions for Determination
- The Law
- Gifts to named charities
- Statutory Provisions concerning Termination and merger of charities
- Claimant’s Submissions
- First to Third Defendant’s Submissions
- Conclusions
![PT-2025-000104 - [2025] EWHC 2255 (Ch)](https://backend.juristeca.com/files/emisores/logo_O3rEzCI.png)