A charity that protects alpacas and llamas has lost a £1.9m estate dispute after it was ruled that a legacy gift in a woman’s will should be shared with other animal organisations.
British Camelids Limited had claimed that other charities noted in Candia Midworth’s will should not receive any money as she had used outdated names or charity numbers for some of them.
Midworth died in April 2022 and wrote in her will in 1994 that she wished her estate to be left to British Camelids, the Brooke, the Born Free Foundation for its Zoo Check Project, the Libearty Campaign of World Society for the Protection of Animals (now World Animal Protection) and British Union for the Abolition of Vivisection (now Cruelty Free International).
In 1994 the Brooke, the Born Free Foundation, and World Society for the Protection of Animals were all unincorporated charities and later they all became incorporated.
The original unincorporated charities transferred funds to the incorporated entities, which have new charity numbers, while Born Free continues its Zoo Check Project and World Animal Protection its Libearty work supporting bears.
A sixth charity mentioned in Midworth’s will, Burstow Wildlife Sanctuary, no longer exists.
British Camelids issued proceedings claiming that the “original” Brooke, Born Free, and World Society for the Protection of Animals no longer exist and therefore their shares in Midworth's estate should only pass to British Camelids Limited and Cruelty Free.
But it was decided that even though the charity numbers referenced in her will are no longer in use, the existing charities carry out the same charitable purposes as their unincorporated predecessors did when Midworth made her will.
British Camelids’ attempt to argue that Born Free and World Animal Protection do not carry out the work of the original campaigns was rejected.
‘Regrettable’ legal action
Paul Hewitt, partner and chair at law firm Withers, which was behind the case, said: “The Brooke, the Born Free Foundation, and World Animal Protection all wish to record their gratitude to Ms Midworth for her generosity.
“We are delighted that the court has unequivocally upheld our argument that they are the same charities that Ms Midworth wanted to support when she made her will.
“It is regrettable that British Camelids considered it appropriate to try and exclude the other charities for its own gain (and at considerable cost).
“Master McQuail's judgment means that Ms Midworth's intentions will be upheld and that all the existing charities will benefit from her generosity.”
A spokesperson for British Camelids said: "British Camelids Ltd, as administrator of Mrs Midworth’s estate, was duty-bound to obtain a legal determination of the meaning of the words in her will, which were not clear-cut. The court has now made its determination which we are reviewing.
"Mrs Midworth was a staunch supporter of British Camelids Ltd while she was alive. The charity is extremely grateful to have been thought of in her will.”
All the other charities have been contacted for comment.
