Equity: New Zealand Guardian Trust Company Limited v Presbyterian Support (Upper South Island)

Abstract

This is case very usefully sets out the current law with regard to a variation sought to a will under s 32 of the Charitable Trusts Act 1957 (the Act). Gendall J dealt with the application on the papers. The applicant sought to vary the will of the late Iris Utterson-Kelso, where the issue was clause 5 of the will, which pertained to a gift to the Green Gables Trust Board (the GGTB) and the Green Gables Home. At the relevant time, the GGTB may not have been in existence, and further the Green Gables Home had been sold by Presbyterian Support. The variation sought was that the income that would have been paid under the Trust to the GGTB should be paid instead to Presbyterian Support.