Executors sign a memo of appropriation appropriating the deceased’s investments to the “three charities named in clause 4 of the Will in equal shares”. In fact there are only 2 charities, the other organisation has non charitable and non exempt status.
has there been a valid appropriation to the non charitable beneficiary?
Rose & Rose
Before one can answer this, did the Will give the executors power to appropriate without agreement of the beneficiaries.
Yes, the Will incorporates the STEP provisions
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In my view there has been a valid appropriation.