6 Mar 2013
RABBITT V RABBITT HC WN CIV-2012-485-002126
- Citation
- openlaw-52bfce44_432a_424f_bdbe_51cae3ee0052.pdf
- Court
- High Court
Where a testator shows a general charitable intention directed to a specific charitable cause but refers to an organisation that is not the appropriate contemporary vehicle, the Court may, having ensured statutory advertising and an Attorney-General report, vary the will under ss32-33 to substitute a suitable charity (here Hutt Hospital Foundation) to carry out the charitable purpose (education and training of community/district nurses). The statutory prerequisites were satisfied and variation was appropriate.