Bates v Trustees of the Redemptorist Fathers [2015] NSWSC 539

Bates v Trustees of the Redemptorist Fathers [2015] NSWSC 539

On a proper construction of the will, the deceased's reference to the 'Redemptorist Monastery of Woodstock Street, Mayfield' was intended to benefit the Redemptorist Fathers as conducted by the Trustees, and the statutory corporate structure enables the Trustees as trustee for the Redemptorist Fathers to validly take the gift.

Parties
First Plaintiff: James Patrick Bates; Second Plaintiff: Doris Anne Bates; First Defendant: Trustees of the Redemptorist Fathers pursuant to Roman Catholic Church Communities' Lands Act 1942 (NSW); Second Defendant: John Christopher Bates in his capacity as representative of the next of kin of the late Paul Anthony Gerard Bates entitled on intestacy
Jurisdiction
Australia
Judgment Date
04 May 2015
Procedural Posture
Principal Judgment / Declaration as to Proper Construction of the Will After Agreement in Principle to Settle and After Submissions From Counsel
Outcome
Declaration made that the gift in cl 5(f) of the Will is a valid gift to the first defendant (Trustees of the Redemptorist Fathers)
Legal Topics
Construction of Wills, Charitable Gifts, Proper Party to Receive Testamentary Gift
Wills and Estates Equity Construction of Wills Charitable Gifts Proper Party to Receive Testamentary Gift

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

James Patrick Bates

First Plaintiff

Doris Anne Bates

Second Plaintiff

Trustees of the Redemptorist Fathers pursuant to Roman Catholic Church Communities' Lands Act 1942 (NSW)

First Defendant

John Christopher Bates in his capacity as representative of the next of kin of the late Paul Anthony Gerard Bates entitled on intestacy

Second Defendant

Procedural Posture

Principal Judgment / Declaration as to Proper Construction of the Will After Agreement in Principle to Settle and After Submissions From Counsel

Legal Issues

  1. 1 Whether the gift to 'the REDEMPTORIST MONASTERY of Woodstock Street, Mayfield' in the will of Paul Anthony Gerard Bates is a valid gift to the Trustees of the Redemptorist Fathers
  2. 2 How the will should be construed in light of the testator's intention and relevant statutory provisions

Ratio Decidendi

On a proper construction of the will, the deceased's reference to the 'Redemptorist Monastery of Woodstock Street, Mayfield' was intended to benefit the Redemptorist Fathers as conducted by the Trustees, and the statutory corporate structure enables the Trustees as trustee for the Redemptorist Fathers to validly take the gift.

Court Disposition

Declaration made that the gift in cl 5(f) of the Will is a valid gift to the first defendant (Trustees of the Redemptorist Fathers)

Orders

  • Declare that, on the proper construction of the last will of Paul Anthony Gerard Bates, the gift in cl 5(f) is a valid gift to the first defendant