NSW Caselaw
New South Wales Supreme Court
CITATION : Tantau v MacFarlane [2010] NSWSC 224
HEARING DATE(S) : 8 February 2010
JUDGMENT DATE : 25 March 2010
JURISDICTION : Equity Division Probate List
JUDGMENT OF : Ward J
1. Order under s 29A of the Probate and Administration Act 1898 that the will dated 3 February 2003 of the late Mona Alexis Fox (also known as Mona Alexis Brand) (who died on 1 August 2007), probate of which will was granted on 12 December 2007, be rectified by substituting for the word "Art", in the description of the institution "Art Gallery of Victoria" in clause 3(c) of the will, the word "National". 2. Declare that the gift to the National Gallery of Victoria under the will as so rectified is a valid gift for charitable purposes. DECISION : 3. Declare that the National Gallery of Victoria has disclaimed the gift to it under the will as so rectified. 4. Direct the executors and trustees of the said will to take steps to identify a substitute trustee for the administration of the 'Len Fox Award'. 5. Declare that, in the event that a substitute trustee for the administration of the 'Len Fox Award" cannot be identified within a reasonable time to be determined, the matter should be referred to the Attorney-General to establish a scheme for the administration of the gift cy-près in accordance with s 13 of the Charitable Trusts Act 1993 (NSW).
CATCHWORDS : WILLS PROBATE AND ADMINISTRATION – principles of rectification and construction – acceptance and disclaimer of gifts – CHARITABLE TRUSTS – whether valid gift for charitable purposes – whether general charitable intention – cy-près schemes – half of residuary estate left to non-existent 'Art Gallery of Victoria' to create an annual painting award – HELD – rectification of will to refer to National Gallery of Victoria – valid disclaimer despite initial acceptance of gift due to misapprehension of conditions of gift – gift does not fail by reason of non-existence of 'Art Gallery of Victoria', by reason of disclaimer, for uncertainty or impracticality and is a valid gift for a charitable purpose – alternate trustee to be appointed to administer award
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate