John Greer v Attorney General for New South Wales [2018] NSWSC 725

John Greer v Attorney General for New South Wales [2018] NSWSC 725

On true construction of the Will and in view of subsequent events, the reference to 'The Avondale College Foundation' is a reference to 'The Avondale Foundation' which dissolved after the Testator’s death, but the gift in cl 11(ii) was for charitable purposes and thus should be administered via a cy-pres scheme to Avondale College Ltd; the gift has not failed.

Jurisdiction
Australia
Judgment Date
23 May 2018
Procedural Posture
Succession Wills, Probate and Administration / Principal Judgment
Outcome
Declarations and orders made: Gift in clause 11(ii) of the Will to be administered by cy-pres scheme to Avondale College Ltd; costs to be paid out of estate
Legal Topics
['cy Pres Scheme' 'charitable Gifts' 'dissolution of Unincorporated Association' 'construction of Will']
['succession' 'equity'] ['cy Pres Scheme' 'charitable Gifts' 'dissolution of Unincorporated Association' 'construction of Will']

Case Brief

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Procedural Posture

Succession Wills, Probate and Administration / Principal Judgment

Legal Issues

  1. 1 ["Whether reference in clause 11(ii) of the will to 'The Avondale College Foundation' is a reference to 'The Avondale Foundation'" "Whether 'The Avondale Foundation' dissolved and, if so, when" 'Whether the gift should be administered by cy-pres scheme' 'Whether the gift lapsed or failed']

Ratio Decidendi

On true construction of the Will and in view of subsequent events, the reference to 'The Avondale College Foundation' is a reference to 'The Avondale Foundation' which dissolved after the Testator’s death, but the gift in cl 11(ii) was for charitable purposes and thus should be administered via a cy-pres scheme to Avondale College Ltd; the gift has not failed.

Court Disposition

Declarations and orders made: Gift in clause 11(ii) of the Will to be administered by cy-pres scheme to Avondale College Ltd; costs to be paid out of estate

Orders

  • ["Declaration that reference in clause 11(ii) of the Will to 'The Avondale College Foundation' is to 'The Avondale Foundation ABN 54 252 903 699'" 'Declaration that the Avondale Foundation dissolved on about 16 April 2014' 'Declaration that the Testator made the gift in clause 11(ii) for charitable purposes and the...