Application by Evans [2016] NSWSC 1687

Supreme Court New South Wales

Medium Neutral Citation: Application by Evans [2016] NSWSC 1687 Hearing dates: 22 November 2016 Decision date: 22 November 2016 Jurisdiction: Equity Before: Stevenson J Decision: Trustee justified in concluding that deceased intended to revoke her bequest to the Rotary Club of Kampala and intended by her reference to "Newcastle Rotary District 967" to refer to that entity or its successors; now Rotary International District 9670 Incorporated.

Trustee justified in proceeding upon the basis that the deceased's entire estate passes to Rotary International District 9670 Incorporated to establish a fund in the name of the deceased to be used for the purpose of service in the community within the geographical boundaries of the Newcastle district, such service being confined to activities which are charitable in nature. Catchwords: TRUST AND TRUSTEES – application for advice – where testatrix made informal changes to her will by deleting a clause and adding a manuscript provision – where that informal will admitted to probate – whether trustee justified in concluding that testatrix intended to revoke deleted bequest and that remaining bequest be paid to current entity conducting the nominated activity Legislation Cited: Associations Incorporation Act 1984 (NSW) Associations Incorporation Act 2009 (NSW) Succession Act 2006 (NSW) Trustee Act 1925 (NSW) Category: Principal judgment Parties: Peter James Evans (Plaintiff) Representation: Counsel: B Townsend (Plaintiff)

Solicitors: Peter Evans & Associates (Plaintiff) File Number(s): SC 2016/280280