The Estate of Dulcie Edna Rand (dec'd) [2009] NSWSC 48

New South Wales Supreme Court

CITATION : The Estate of Dulcie Edna Rand (dec'd) [2009] NSWSC 48

HEARING DATE(S) : 5 February 2009

JUDGMENT DATE : 16 February 2009

JURISDICTION : Equity Division

JUDGMENT OF : Harrison J

DECISION : Question whether executor justified in distributing residuary gift to an unincorporated association misdescribed in the will answered 'yes'

CATCHWORDS : WILLS – s 63 Trustee Act 1925 – judicial advice - residuary gift in will to unincorporated association – named beneficiary not in existence under that name at date of death of deceased – whether existing association with different name misdescribed by deceased in her will – whether existing association is successor to the named beneficiary – question whether executor justified in distributing gift to existing association - question answered 'yes'

LEGISLATION CITED : Trustee Act 1925

CATEGORY : Principal judgment

Australian Executor Trustees Ltd v Ceduna District Health Services Inc [2006] SASC 286 Cram Foundation v Corbett-Jones [2006] NSWSC 495 Gerhady v South Australian Auxilliary to the British & Foreign Bible Society Inc (No 3) (1986) 44 SASR 195 CASES CITED : Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 82 ALJR 1425 Public Trustee v Cerebral Palsy Association of Western Australia Ltd [2004] WASC 36; (2004) 28 WAR 496 Re Flynn, deceased [1975] VR 633 Re Tyrie, deceased (No 1) [1972] VR 168 at 186

PARTIES : Faye Judith Carter as Executor and Trustee of The Estate of Dulcie Edna Rand (dec'd) (Plaintiff)