By Darryl Browne -
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.
