Re Finger's Will Trusts
1971 · [1972] Ch 286
Posted By lanbuk.com
- Facts
- A testatrix left shares of her estate to several charities, including an unincorporated one and an incorporated one, both of which had ended before her death.
- Issue
- Did the gifts fail?
- Held
- Goff J held that the gift to the unincorporated charity was for its purposes, which continued. The gift to the incorporated body failed, but went because there was a general charitable intention.
- Principle
- A gift to an unincorporated charity is a gift for its purposes. A gift to a corporation fails if it ceases to exist.
- Why it matters
- It contrasts incorporated and unincorporated charities.
Words and Latin in this note
- Cy-pres
- Applying property given for a charitable purpose that has failed to the nearest similar charitable purpose, under a scheme. Open the note.
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