The Estate of Dulcie Edna Rand (dec'd) [2009] NSWSC 48

The Estate of Dulcie Edna Rand (dec'd) [2009] NSWSC 48

The unincorporated association originally known as the Fil-Aussie Christian Fellowship was the organisation intended to be benefited by the gift; the change of name to St Paul's Multicultural Filipino-Anglican Ministry does not serve to eradicate the existence of the intended object; the misdescription in the will does not invalidate the gift and the executor is justified in distributing it to St Paul's Multicultural Filipino-Anglican Ministry.

Jurisdiction
Australia
Judgment Date
16 February 2009
Procedural Posture
Judicial Advice Proceeding / Post Probate, Distribution of Estate
Outcome
Question whether executor justified in distributing residuary gift to an unincorporated association misdescribed in the will answered 'yes'
Legal Topics
['judicial Advice' 'residuary Gift' 'misdescription of Beneficiary' 'unincorporated Association' 'charitable Gifts']
['wills and Estates' 'equity'] ['judicial Advice' 'residuary Gift' 'misdescription of Beneficiary' 'unincorporated Association' 'charitable Gifts']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Advice Proceeding / Post Probate, Distribution of Estate

Legal Issues

  1. 1 ['Whether executor is justified in distributing a residuary gift to an unincorporated association misdescribed in the will' 'Whether the named beneficiary existed at the date of death' 'Whether the existing association is the successor or same entity as misdescribed beneficiary']

Ratio Decidendi

The unincorporated association originally known as the Fil-Aussie Christian Fellowship was the organisation intended to be benefited by the gift; the change of name to St Paul's Multicultural Filipino-Anglican Ministry does not serve to eradicate the existence of the intended object; the misdescription in the will does not invalidate the gift and the executor is justified in distributing it to St Paul's Multicultural Filipino-Anglican Ministry.

Court Disposition

Question whether executor justified in distributing residuary gift to an unincorporated association misdescribed in the will answered 'yes'

Orders

  • ["The executor is justified in distributing the gift in clause 4(f) of the will to St Paul's Multicultural Filipino-Anglican Ministry, a congregation of All Saints Anglican Church North Parramatta." 'Proceedings stood over to a date suitable to the parties to be arranged in consultation with the Associate.']