• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Kruger Law Logo

  • Home
  • About Us
    • Meet the Team
      • Trent Wakerley
      • Cec O’Dea
      • Richard Thompson
      • Tayla Rawlings
      • John Kruger
      • Larni Giles
      • Marissa Collum
      • Peta Gibbs
      • Davina Stokes
      • Julie Sorensen
  • Areas of Practice
    • Commercial Law
    • Wills, Estates and Elder Law
    • Property Law & Conveyancing
    • Retirement Villages & Aged Care Facilities
    • Wills & Estates
  • For Clients
    • Your Secure Documents
  • News
  • Contact Us

29/06/2021 By Kruger Law

As the purse is emptied, the heart is filled

Have you made (or are you intending to make) a gift to a charity in your Will?

What if the charity ceases to exist?

This issue recently faced the Queensland Supreme Court for determination.

Mr Graham died in 2016.

His Will gifted half of his sizable estate to the Stroke Association of Queensland (“SAQ”). Unfortunately, between the date on which Mr Graham died and when the gift was to be paid, the SAQ had ceased to exist. Other “Stroke” charities, being the National Stroke Foundation Ltd (“NSF”), Synapse Australia Ltd (“SAL”) and the Stroke Recovery Trial Fund (“SRTF”) were informed of the failed gift and sought a share of the benefit.

The Court had a responsibility to give effect to the intentions of Mr Graham and apply the gift to a scheme closest to his intentions. The Court ultimately divided the gift 45% to NSF, 45% to SAL and 10% to SRTF.

A carefully drafted clause in your Will can cater for circumstances where a gift to a charity has failed – avoiding the need for costly Court applications.

Filed Under: News Tagged With: Charity, Gifting, Will, Wills and Estates

Primary Sidebar

Online Enquiry

Footer

Kruger Law

At Kruger Law, we know one size never fits all. We will work with you to provide a carefully considered, customised plan to address your legal matter. Our knowledge, understanding and personal approach sets us apart. We are your lawyers for life’s journey.

Our Advantages

We offer personalised legal advice at a reasonable price.

Areas of Practice

  • Commercial Law
  • Elder Law & QCAT
  • Property Law & Conveyancing
  • Retirement Villages & Aged Care Facilities
  • Wills & Estates

Connect with Us

  • Email
  • Facebook
  • Phone

Contact Us

  • Level 3, Ocean Central, Maroochydore QLD 4558
  • P.O Box 1032, Maroochydore QLD, Australia
  • 8:30AM – 5PM Monday – Friday
  • (07) 5443 9600
  • (07) 5443 8381
  • [email protected]

Liability limited by a scheme approved under Professional Standards Legislation.
Copyright © 2023 · Website hosting by Lift Legal Marketing · Login