Carolyn Margaret Hickin v Robyn Patricia Carroll (No 2)

This case involves a dispute between Carolyn Margaret Hickin and Robyn Patricia Carroll, regarding the construction of a condition in a will that required certain beneficiaries to convert to Roman Catholicism within three months of the testator's death. The dispute was heard by the Supreme Court of New South Wales. The main legal issue the court had to decide was whether the condition requiring the beneficiaries to convert was a condition precedent or a condition subsequent, and whether it was uncertain, impossible or against public policy. Additionally, the court had to consider whether it was bound by the precedent set by a lower court, even if it considered the underlying public policy had changed.

The court found that the condition in the will was a condition precedent, meaning that the beneficiaries had to convert to Roman Catholicism before they could receive any benefit from the will. The court also found that the condition was neither uncertain nor impossible, as the testator had clearly specified what was required of the beneficiaries. However, the court found that the condition was against public policy, as it required the beneficiaries to change their religious beliefs in order to receive a benefit from the will. The court held that it was bound by the precedent set by the lower court, even though it considered that the underlying public policy had changed.

As a result of the court's decision, the condition in the will was declared invalid and the beneficiaries were entitled to receive their benefit from the will without having to convert to Roman Catholicism. The court did not make any specific orders regarding the distribution of the estate, as this was not the focus of the case. However, the decision has important implications for the construction of conditions in wills, and the role of public policy in determining their validity.