Is there a valid appropriation?

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?

Sally-Ann Joseph
Rose & Rose

Before one can answer this, did the Will give the executors power to appropriate without agreement of the beneficiaries.

Patrick Moroney
BWL Solicitors

Yes, the Will incorporates the STEP provisions

Sally-Ann Joseph

Partner | Estate Planning Department | Rose & Rose

E: sj@roselegal.co.uk | DDI: 020 8974 7498 www.roselegal.co.uk

In my view there has been a valid appropriation.

Patrick Moroney
BWL Solicitors