Gibbs v Harding and others: ChD 12 Jan 2007

The testatrix left a will anticipating making another. The court was asked whether a clause leaving her estate to ‘be taken over by the Diocese of Westminster to hold in trust for the Black community of Hackney’ was valid.
Held: The gift was capable of being charitable, subject to the application of the 1976 Act. It therefore took effect as a gift to the Roman Catholic Diocese of Westminster on charitable trusts.
Lewison J
[2007] EWHC 3 (Ch)
Race Relations Act 1976 34
England and Wales
CitedHarrison v Gibson ChD 21-Dec-2005
The husband owned the family home. In a home-made will, he left it ‘in trust for’ his wife. She died leaving differing proportions to each child. On her death the children sought a declaration from the court as to their respective interests.
CitedMitford v Reynolds 1842
A gift was made to the native inhabitans of Dacca. It was challenged as being void.
Held: As to whether a gift was charitable, the same principles apply when a particular class of inhabitants of a locality are the beneficiaries as when the the . .
CitedIn Re Dominion Students’ Hall Trust 1947
A trust deed imposed a ‘colour bar’.
Held: The court upheld a scheme which removed the bar. However, notionally there could be two complementary charities ‘one for white and one for coloured students’. These notional trusts were not being . .
CitedAttorney General v Webster 1875
A trust expressed to be for the benefit of a fluctuating body of individuals, such as the inhabitants of a locality, can only take effect as a charitable trust, if it has effect at all. . .
CitedGoodman v Mayor of Saltash HL 1882
A gift was made of a right to fish to the freemen of the Borough of Saltash.
Held: The gift was as valid as a charitable gift as would be a gift to the inhabitants of the locality in general. When long and continuous enjoyment is established, . .
CitedRegina v District Auditor No 3 Audit District of West Yorkshire Metropolitan County Council ex parte West Yorkshire Metropolitan County Council 1986
. .
CitedMcPhail v Doulton (on appeal from In re Baden’s Deed Trusts) HL 6-May-1970
The settlor asked whether the test for validity, in point of certainty of objects, is the same for trusts and powers, or whether the test for trusts is more demanding.
Held: The test is the same. The context was a provision, held to be a . .
CitedRe Mellody 1918
A gift to the schoolchildren of Turton was as valid a charitable gift as a gift to the inhabitants of the Borough would be. The gift was a gift ‘for purposes beneficial to a section of the community’; and the schoolchildren themselves were ‘a very . .
CitedIn re Smith 1932
A gift ‘unto my country England’ was construed as a gift for the benefit of the inhabitants of England and, by analogy with the cases on gifts to a parish, town or city, as impressed with a trust that it be applied for charitable purposes only. The . .
CitedIn Re Strakosch 1949
The court may construe a gift as impliedly limited to charitable purposes. Lord Greene MR said: ‘In Williams’ Trustees v Inland Revenue Commissioners the House of Lords has laid down very clearly that in order to come within Lord Macnaghten’s fourth . .
CitedWilliams’ Trustees v Inland Revenue Commisioners HL 1947
A trust was created by the memorandum and articles of association of a company. The overall objects of the company were to promote Welsh interests in London. The principal object of the trust was to create a centre in London ‘for promoting the moral . .
CitedMorice v Bishop of Durham HL 1805
The court was asked whether a gift of residue to be applied ‘to such objects of benevolence and liberality as the Bishop of Durham in his own discretion shall most approve of’ was valid as being confined to purposes that were charitable.
Held: . .
CitedGlazebrook v University of Leeds ChD 1944
The court upheld a charitable gift despite its uncertainty. . .
CitedPeggs and Others v Lamb and Others ChD 20-Apr-1993
Where beneficiaries had dwindled and income increased, the class of beneficiaries was extended. A gift to a class of people would be construed to be charitable unless there was something in the gift to exclude the presumption. It had been submitted . .

These lists may be incomplete.
Updated: 01 February 2021; Ref: scu.247686