New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Doctrine of lapse

Legal area

Court

23 Nov 2023

RE ESTATE OF THE LATE MARLAYNE CLARKE [2023] NZHC 3341

Citation

[2023] NZHC 3341
Court

High Court

There was a sufficient general charitable intention in the will to prevent lapse; Trevellyn Home is permanently closed making the original purpose impossible, and the proposed substitution to PSN's Enliven Maximising Independence programme in Hamilton most closely aligns with the testatrix's intent and is therefore approved under s 32 and Part 3 of the Charitable Trusts Act 1957.
8 Feb 2011

CULPAN AND KOPPENS HC AK CIV-2006-404-005110

Citation

openlaw-0a9cfd91_7096_4ee2_8c59_5ca02c52ca4b.pdf
Court

High Court

The will manifested a general charitable intention (notably the bequest 'for the general purposes thereof' and other residuary gifts to charities) so s 32(1) could operate despite the earlier body having ceased to exist; the proposed substitution of New Zealand Bird Rescue Charitable Trust satisfies Re Tennant criteria and public interest, therefore the Part 3 scheme is approved and the Attorney-General's report costs are payable from the trust fund.