Hugh James advises on construction of charitable legacy
We advised in relation to the construction and validity of specific gifts of properties in a will to a leading cancer charity with the condition that the properties were retained and not sold. The residuary beneficiary was another leading cancer charity.
We provide advice to the charities on whether or not the condition was valid given the general rule that a condition attached to a property which purports to restrict a donee’s right of “alienation” is void as “repugnant” to the gift.
We were delighted to be able to help the charities negotiate a compromise which avoided both High Court action or an application to the Charity Commission.