Said v Barrington [2001] NSWSC 576

Said v Barrington [2001] NSWSC 576

A residuary gift for sailing trophies for youngsters does not constitute a charitable trust because gifts for encouragement of sport, unless furthering education or a public benefit as defined by the law, are not charitable. The provision for trophies specifically excludes the gift from being a charitable trust.

Jurisdiction
Australia
Judgment Date
29 June 2001
Procedural Posture
Construction Summons / Judgment
Outcome
Residuary gift did not constitute a charitable trust; partial intestacy under the will.
Legal Topics
['charitable Trusts' "gift for Children's Sailing" 'public Benefit Requirement']
['wills' 'equity'] ['charitable Trusts' "gift for Children's Sailing" 'public Benefit Requirement']

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Procedural Posture

Construction Summons / Judgment

Legal Issues

  1. 1 ['Whether a residuary gift for sailing trophies for youngsters constitutes a valid charitable trust.']

Ratio Decidendi

A residuary gift for sailing trophies for youngsters does not constitute a charitable trust because gifts for encouragement of sport, unless furthering education or a public benefit as defined by the law, are not charitable. The provision for trophies specifically excludes the gift from being a charitable trust.

Court Disposition

Residuary gift did not constitute a charitable trust; partial intestacy under the will.

Orders

  • ['The question in the summons is answered stating the residuary gift did not constitute a charitable trust.']