Kostka v The Ukrainian Council of brand new Southern Wales Incorporated 2013 NSWSC 222 (Supreme Court of brand new Southern Wales, Young AJ, 26 March 2013)
This instance construction that is concerned of might of Taras Bodlak (the dead), who died on 2 January 2010, aged 95. The deceased left nine gift ideas in the 1996 will, the following:
- Australian Shevchenko Trust, Ukrainian Studies Foundation in Australia Limited in Lidcombe NSW: 10%.
- Ukrainian Youth Association of Australia Ltd in Lidcombe NSW: 10%.
- Ukrainian Class in Lidcombe NSW: 10%.
- Ukrainian Ballet-Dancing Groups, School of Music and Arts in Lidcombe NSW: 10%.
- Ukrainian prisoners that are political Ukraine: 5%.
- Ukrainian War Invalids in Ukraine: 5%.
- Ukrainian Ladies Association in Lidcombe: 5%.
- Renovation of Ukrainian Hall in Lidcombe NSW: 5%.
- Ukrainian Catholic Church in Canberra: 5 percent.
Problems arose utilizing the interpretation among these gift suggestions. Furthermore, there clearly was no setting up of every trusts when you look at the might, or any specification of purposes, but gifts that are rather outright organizations, including some which were unincorporated.
Their Honour said that the principles that are basic well-established (at 3):
- Will there be any one human body which precisely fits the description within the might? If therefore, that body provides and no enquiry that is further made.
- Or even, the court can get proof of surrounding circumstances not direct declarations of intention to learn who was simply meant.
- Then the court can look not only at surrounding circumstances but also direct declarations of intention if there are two or more bodies which exactly answer the description.
In this full situation, there have been no figures or organisations which exactly matched gift suggestions 3 to 8 in the list in the might. [Read more…] about Kostka v Ukrainian Council Brand Brand New Southern Wales Inc