Notice of Application for Approval of a Scheme Varying the Terms of a Will
Pursuant to Part III of the Charitable Trusts Act 1957
Notice is hereby given that Joseph Thomas Sheffield, as trustee of the will of Richard James Nicholl, company director, late of Auckland and Surfers Paradise, Queensland, Australia, has filed an application for approval of a scheme varying the terms of the will under which the deceased's residuary estate is held, in the office of the High Court at Auckland.
Under the will, the residuary estate is to be held on trust by the trustee to pay the income to the following charitable organisations as tenants in common in equal shares:
The Auckland Branch of the New Zealand Crippled Children's Society Incorporated;
The Auckland Branch of the Intellectually Handicapped Children's Society Incorporated;
The Young Women's Christian Association of Auckland Incorporated;
Heritage Auckland Incorporated; and
The Auckland Hospital Board (for the purposes of the Auckland Rehabilitation Centre).
Heritage Auckland Incorporated was wound up in 1992.
The Auckland Rehabilitation Centre (known as the Sutherland Unit Rehabilitation Centre) was wound up in or around 1997.
Under the scheme filed, Barnardos will replace Heritage Auckland Incorporated and receive the latter's share of the income from the residuary estate, and The Spectrum Care Trust will replace The Auckland Hospital Board (for the purposes of the Auckland Rehabilitation Centre) and receive the latter's share of the income from the residuary estate,
on the grounds that these organisations are those which now best reflect the deceased's charitable intentions and the charitable purposes of Heritage Auckland Incorporated and the Auckland Rehabilitation Centre.
Copies of the scheme and the report of the Attorney-General thereon may be inspected, free of charge, at the office of
the Registrar of the High Court at Auckland, or at the office of Chapman Tripp Sheffield Young, solicitors for Joseph Thomas Sheffield, trustee, at 23-29 Albert Street, Auckland.
The application has been set down for hearing in the
High Court at Auckland on the 28th day of July 2003 at 10.00 a.m.
Any person desiring to oppose the scheme is required to give notice of his or her intention to do so to:
(a) The Registrar of the High Court at Auckland;
(b) Joseph Thomas Sheffield, trustee, at Auckland; and
(c) the Attorney-General
not less than seven clear days before the above-mentioned date for hearing.
A. J. Penk, counsel for the applicant:
CHAPMAN TRIPP SHEFFIELD YOUNG.