15 Mar 2018
TURNER v COOMBE [2018] NZHC 315
- Citation
- [2018] NZAR 574
- Court
- High Court
Clause 9 was primarily a charitable (public/local community and needy persons in the Hauraki region) executory trust and sufficiently certain for that purpose; the specific provision for the testator's sister is non-charitable and the reference to nieces and nephews is uncertain; the non-delegation principle is not engaged because the trust expresses a clear general intention and sets out formation and governance; s 61B applies to validate the charitable trust and permit removal/modification of non-charitable or invalid elements with allowance for a compensatory provision for the sister and t…
- Certainty of trusts
- Non-delegation of testamentary power
- Interpretation of wills
- S61b imperfect trust provision
- Executory trust
- Rectification and admissibility of extrinsic evidence