Re estate of the late Stasha Berger [2020] NSWSC 750

Supreme Court New South Wales

Medium Neutral Citation: Re estate of the late Stasha Berger [2020] NSWSC 750 Hearing dates: On the papers Date of orders: 18 June 2020 Decision date: 18 June 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Pursuant to s 63 of the Trustee Act 1925 (NSW), advise the executors of the estate of the late Stasha Berger (also known as Stanislava Bergerova) (the deceased) that, under clause 8(a) of the Deceased's Will made on 21 December 2017, they would be justified in paying 80% of the residue of the deceased's estate to the Trustees of the Order of the Capuchin Friars Minor (and effecting that payment at the direction of the Trustees of the Order of the Capuchin Friars Minor by depositing the funds into a nominated bank account in the name of the "Capuchin Franciscan Friars"), after having informed the Trustees of the terms of the Will and that the gift was made upon trust for "Shrine of Saint Anthony of Padua Capuchin Friars Minor Hawthorn – Melbourne Victoria", and having confirmed with the Trustees their intention to use the funds to maintain the Shrine of Saint Anthony of Padua situated in Hawthorn, Victoria and for activities of the Order of the Capuchin Friars Minor associated with that Shrine; and on the basis that the provision of a receipt by the secretary or treasurer of the Trustees for the said funds will be a sufficient discharge of their obligations as executors and trustees under clause 8(a) of the deceased's Will.

2. Order that the executors' costs of this application be paid out of the deceased estate on the indemnity basis. Catchwords: SUCCESSION — Trusts and trustees — Judicial advice, Trustee Act 1925 (NSW), s 63