Sharp v Attorney General of NSW [2015] NSWSC 1580

Sharp v Attorney General of NSW [2015] NSWSC 1580

On the proper construction of the will and codicil, the gift of the estate to the trustees to establish the 'Street of Dreams Martin Sharp Trust' constituted a valid charitable trust for the advancement of education, including preservation and educational use of Wirian, advancement and continuation of the testator's works, and specifically education about art, the testator's work, Luna Park and Tiny Tim.

Jurisdiction
Australia
Judgment Date
27 October 2015
Procedural Posture
Application for Judicial Advice and Construction of Will / Judgment After Hearing of Application
Outcome
Orders and declarations made confirming existence of charitable trust, scope of objects, limitation on trustees' power to sell, and trustees' power to appoint a corporate trustee; costs ordered from estate.
Legal Topics
['charitable Trusts' 'construction of Will' 'powers of Trustee' 'judicial Advice' 'appointment of Trustee']
['equity' 'trusts and Trustees' 'succession'] ['charitable Trusts' 'construction of Will' 'powers of Trustee' 'judicial Advice' 'appointment of Trustee']

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Procedural Posture

Application for Judicial Advice and Construction of Will / Judgment After Hearing of Application

Legal Issues

  1. 1 ['Whether the trust created by the will is a valid charitable trust' 'Proper construction of the will regarding whether trustees have power to sell Wirian' "Scope of trustees' powers to use estate assets for proposed educational and cultural purposes" 'Whether a corporate trustee can be appointed in lieu of the named trustees']

Ratio Decidendi

On the proper construction of the will and codicil, the gift of the estate to the trustees to establish the 'Street of Dreams Martin Sharp Trust' constituted a valid charitable trust for the advancement of education, including preservation and educational use of Wirian, advancement and continuation of the testator's works, and specifically education about art, the testator's work, Luna Park and Tiny Tim.

Court Disposition

Orders and declarations made confirming existence of charitable trust, scope of objects, limitation on trustees' power to sell, and trustees' power to appoint a corporate trustee; costs ordered from estate.

Orders

  • ['Declaration of valid charitable trust per the will for the advancement of education as specified in judgment.' 'Declaration that executors have power to sell Wirian only if not possible or practical to retain before the Trust is established; no such power for trustees after establishment of Trust.' "Judicial...