Re Graham (deceased) (No 2)

In the case concerning the estate of Graham, deceased, the matter under consideration was the distribution of a charitable bequest from the testator's will. The bequest was intended for the Stroke Association of Queensland Inc, which ceased to exist between the testator's death and the distribution of the estate. The primary issue before the court was how to apply the bequest cy-pres, as provided for under section 105 of the Trusts Act 1973 (Qld), when the intended beneficiary no longer exists.

The court had to determine the appropriate application of the bequest in light of the testator's intent and the legislative framework. The court found that the bequest was not to be read and construed as a gift to Synapse Australia Ltd, which was considered the successor of the Stroke Association of Queensland Inc. Instead, the court needed to identify suitable alternative beneficiaries who could carry out the charitable purpose intended by the testator. The court examined the charitable purposes of potential beneficiaries and their alignment with the original intent of the bequest. Following this examination, the court concluded that the bequest should be applied cy-pres and distributed among Synapse Australia Ltd, the National Stroke Foundation Ltd, and the Stroke Trial Recovery Fund Ltd.

The court ordered that the gift under clause 4.3(2) of the deceased's will be applied cy pres and distributed as follows: 45% to Synapse Australia Ltd, 45% to the National Stroke Foundation Ltd, and 10% to the Stroke Trial Recovery Fund Ltd. The court will hear further submissions from the parties regarding the proper form of the order and the allocation of costs.