By -

Key decisions

  • Estate Polykarpou; Re a charity [2016] NSWSC 409;
  • James v Douglas [2016] NSWCA 178; Maisel v The National Mutual Life Association of Australasia Ltd [2016] QSC 166
  • Hoffman (deceased) [2016] SASC 110;
  • Davis and McNiece v White (2016) 4 NZTR 26-012, [2016] NZHC 1626;
  • Paxton v Paxton [2016] FCCA 1689 ;
  • Dawson and Dawson (deceased) [2016] SASC 89;
  • Application of Teresa De Leon; Estate of the Late Kim David Frumar [2016] NSWSC 1116;
  • Smith v Smith [2016] NSWSC 1077;
  • Public Trustee of Queensland v Mrs X [2016] QSC 179;
  • Torlonia v Wright [2016] NSWSC 1139;
  • Bailey v Angrove’s Pty Ltd [2016] UKSC 47 ;
  • Estate El Chami; Habib v El Chami [2016] NSWSC 1208;
  • Lubke v Claridge [2016] TASSC 44;
  • Dickman v Holley; Estate of Simpson [2013] NSWSC 18 .

Charitable trust

Mia Polykarpou left about half her estate of $1.4 million to a not-for-profit corporation, Oprah Angel Network. That entity didn’t exist at the testator’s death. In Estate Polykarpou; Re a charity [2016] NSWSC 409 the court firstly considered whether the gift was for a charitable purpose – the purpose not being expressed in the will. The court applied the principle that a gift to a charitable institution was prima facie a gift for a charitable purpose (at [64(h)]). There being no gift-over or substitution provisions in the will, the court next considered whether the will disclosed a general charitable intention so that the trust property should be applied cy-pres. The court was so satisfied and the trust was referred to the Attorney-General to establish such a scheme.

You've reached the end of this article preview

There's more to read! Subscribe to LSJ today to access the rest of our updates, articles and multimedia content.

Subscribe to LSJ

Already an LSJ subscriber or Law Society member? Sign in to read the rest of the article.

Sign in to read more