Application of Sachs [2012] NSWSC 1410

Application of Sachs [2012] NSWSC 1410

The intended beneficiary of the will was Save the Children (NSW), which later voluntarily wound up, transferred its assets to a national organisation now called Save the Children Australia, and was deregistered. Although the gift would have lapsed, the testator clearly had a general charitable intention, so the executors were justified and should be directed under s 63 of the Trustee Act 1925 (NSW) to make the payment to Save the Children Australia.

Jurisdiction
Australia
Judgment Date
13 November 2012
Procedural Posture
Application for Judicial Advice or Direction Pursuant to S 63 of the Trustee Act 1925 (nsw) / Consent Orders
Outcome
Consent orders made.
Legal Topics
['judicial Advice' 'charitable Bequest' 'deregistered Charity' 'general Charitable Intention' 'gift to Successor Organisation']
['wills, Probate and Administration' 'trusts and Trustees'] ['judicial Advice' 'charitable Bequest' 'deregistered Charity' 'general Charitable Intention' 'gift to Successor Organisation']

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Procedural Posture

Application for Judicial Advice or Direction Pursuant to S 63 of the Trustee Act 1925 (nsw) / Consent Orders

Legal Issues

  1. 1 ['Whether the executors should be given judicial advice or direction under s 63 of the Trustee Act 1925 (NSW).' 'Whether a testamentary gift to Save the Children (NSW), which was later deregistered, should be paid to its successor organisation, Save the Children Australia.']

Ratio Decidendi

The intended beneficiary of the will was Save the Children (NSW), which later voluntarily wound up, transferred its assets to a national organisation now called Save the Children Australia, and was deregistered. Although the gift would have lapsed, the testator clearly had a general charitable intention, so the executors were justified and should be directed under s 63 of the Trustee Act 1925 (NSW) to make the payment to Save the Children Australia.

Court Disposition

Consent orders made.

Orders

  • ['Orders made in accordance with the document entitled Consent Orders signed by counsel for the executors and for Save the Children Australia.' 'The executors were directed to make the payment to the organisation now known as Save the Children Australia.']