Application by Riley

The applicant, Riley, sought judicial advice regarding the distribution of a bequest made in a deceased person's will. The deceased had left a bequest to a charity, specifying that it should be used at a nominated location. The charity was conducted by an unincorporated association at the time the will was made, but later became an incorporated association. At the time of the application, the charity was no longer operating at the specified location. The deceased also made a bequest to the successors of the nominated charity.

The court was required to determine whether the bequest to the charity should be directed to the successors of the charity, considering the change in the charity's operational status and location. The court needed to interpret the will and apply the relevant principles of succession law to decide on the appropriate distribution of the bequest.

The court held that the bequest should be directed to the successors of the nominated charity. The court reasoned that the intention of the deceased was to benefit the charity and its successors, regardless of any changes in the charity's operational status or location. The court noted that the will did not specify any conditions that would limit the bequest to a particular location or form of the charity. The court also considered the principle that bequests to charitable institutions should be upheld as long as possible, and that the intention of the testator should be given effect to as far as possible. The court concluded that the bequest should be directed to the successors of the nominated charity, as they were the most appropriate recipients to carry out the deceased's intentions.

The court made an order directing that the bequest be paid to the successors of the nominated charity. The court also noted that the applicant should take appropriate steps to ensure that the bequest was properly distributed in accordance with the order.