Hood as Executor of the Estate of Inez Irene Barbetti (Dec) v The Attorney General for Western Australia

This case concerned the interpretation of a charitable bequest in a Will. The deceased, Inez Irene Barbetti, left a gift to "The Leukaemia Research and Support Fund Western Australian Division." However, no such entity existed at the time of her death or thereafter. The plaintiff, Gerald Lesley Hood, the executor of the deceased's estate, sought a declaration as to whether the gift failed, and if it did, a declaration that the deceased had a general charitable intent. The Leukaemia Foundation of WA Inc argued that it was the intended beneficiary due to its relationship with a beneficiary named in the Will. The court found that the deceased intended to benefit an existing society involved in leukaemia research based in Western Australia. The extrinsic evidence suggested that the deceased intended to benefit the Leukaemia Foundation of WA Inc, which had provided support to a beneficiary of the Will. Therefore, the court held that the gift did not fail, and it directed that the benefit of the gift be vested in the Leukaemia Foundation of WA Inc as a tenant in common with the other beneficiaries named in the Will.