The Supreme Court of Victoria has made determinations on the construction of a deceased’s Will establishing a charitable trust. The charitable trust was to provide for establishing a scholarship for students studying the Russian language and/or literature at university, and for the caring of residents at the Russian Home for the Aged operated by the St John Kronstadt Russian Welfare Society in Dandenong.
There was a contingent beneficiary, who was entitled to the deceased’s residuary estate if these gifts failed. However, the beneficiary was unable to demonstrate that the charitable trust as a whole was invalid because there is nothing impracticable or impossible about putting it into effect since the University of Melbourne was willing to set up the scholarship and the welfare society will receive its gift.
In addition, the University of Melbourne also failed to alter the machinery provisions to be the trustee because the provisions were not dysfunctional and it would be inappropriate to order such a scheme in light of the beneficiary’s contingent interest.
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