Re Tuck; Estate of the Late Wilfred Richard Tuck [2022] NSWSC 107

Supreme Court New South Wales

Medium Neutral Citation: Re Tuck; Estate of the Late Wilfred Richard Tuck [2022] NSWSC 107 Hearing dates: 4 February 2022 Date of orders: 4 February 2022 Decision date: 04 February 2022 Jurisdiction: Equity Before: Slattery J Decision: Judicial advice given. The will of the testator sufficiently identifies all the named charities that are gifted portions of the residue of the estate. Catchwords: EQUITY – Trusts and trustees – Judicial advice – advice pursuant to Trustee Act 1925 s 63 – Charitable Trusts Act 1993, s 10(2) where the testator demonstrates a general charitable intention – where doubt exists about the identification of two of the charities named as residuary beneficiaries – where a testator's charitable intention can also be inferred from other charitable gifts in the will and from the deceased's medical history – whether the gifts in relation to the doubtfully identified charities fail. Legislation Cited: Charitable Trusts Act 1993, s 10(2) Charities Act 2013 (Cth) Trustee Act 1925 (NSW), 63 Trustee Act 1925, s 63 Cases Cited: Attorney General (NSW) v Perpetual Trustee Co Ltd (1940) 63 CLR 209 Hood as Executor of the Estate of Inez Irene Barbetti (Dec) v The Attorney General for Western Australia & Anor [2006] WASC 157 (Hasluck J) In the Estate of Dulcie Edna Rand (dec'd) [2009] NSWSC 48 Re Daniels (deceased) [1970] VR 72 Texts Cited: Young Croft Smith, On Equity, Law Book Co 2009 [6.490] Category: Consequential orders Parties: Plaintiff/Executor: Robert Neil Tuck; Estate of the late Wilfred Richard Tuck Representation: Counsel: Plaintiff/Executor: A.M. Gruzman