A recent High Court ruling has resolved a contentious legal battle over the £1.9m estate of Candia Midworth, a llama enthusiast from Surrey. Before her death in 2022, Midworth was a director of the British Llama and Alpaca Association and editor of its magazine, The Camelid Chronicle.

Midworth’s love of animals was evident in her 1994 will, which divided her estate equally between six charities dedicated to the protection and care of animals over the world. Since the will was executed, three of the named charities (originally unincorporated entities) have since become incorporated and registered as charities, while one of the organisations has ceased to exist.

One of the named beneficiaries, British Camelids Ltd, issued proceedings claiming that four of the original charities named in Midworth’s will no longer existed in the form specified, and that their shares of the estate should therefore be forfeited. They contended that only they and one other charity, the British Union for the Abolition of Vivisection (now Cruelty Free International), were entitled to inherit and that each should receive 50% of the residuary estate.

Master McQuail rejected British Camelids’ argument, ruling that the gifts should not necessarily fail simply because the originally named entities no longer exist, provided the broad charitable purposes continue. The judge found that although some organisations had changed names, ceased operations, or received new charity numbers, their missions were still being carried out by successor bodies.

As a result, Midworth’s estate will be divided into six equal shares of over £300,000, benefiting successor organisations that continue the charitable missions she supported, ranging from the welfare of alpacas and donkeys to the protection of captive bears. The sixth share, originally intended for Burstow Wildlife Sanctuary, which no longer exists, will be distributed amongst charities continuing its work.

This case highlights the importance of clarity in charitable bequests and the courts’ willingness to uphold the spirit of a donor’s intentions, even when named organisations evolve over time.