Court Honors 1987 Will, Allocates $65,000 to Charity After Decades

A recent court decision has finally honored the wishes of Thomas Cyril Burke, who passed away in 1987, by allocating $65,000 from his estate to the Sisters of St Joseph of the Sacred Heart (NZ) Trust Board. Burke originally intended for his Christchurch property to be a sanctuary for nuns, but the path to fulfilling his wishes has been convoluted and lengthy.

Burke’s will specified that his home on Mt Pleasant Rd should be used as a place for relaxation for his sister, a nun, and other members of the religious order. If that was not possible, the property would go to Bridie Meagher for her lifetime. Following Burke’s death, the house and its contents were sold, with the proceeds held in trust.

In a recent judgment dated October 1, 2023, Justice David Gendall noted that the original wording of Burke’s will was vague, leading to complications in carrying out his charitable intentions. The estate had been subject to prior legal scrutiny due to difficulties in interpretation, and annual interest from the estate had been distributed to Burke’s sister until her death in 2006 and subsequently to Meagher until she passed away at the age of 94 in 2022.

The court’s ruling allows for the proceeds from Burke’s estate, which had remained dormant for decades, to be directed to the charity. Richard Sprott, a retired lawyer who managed the estate since 1987, sought to clarify the wording of the charitable gift to facilitate the estate’s final distribution.

In a prior ruling from 1994, Justice Paul Neazor recognized that Burke’s intention for the property to benefit nuns constituted a valid charitable gift, contributing to religious advancement or alleviating poverty. However, the practicalities of carrying out this intention became challenging after the property was sold.

Justice Gendall stated in his recent decision that the funds could now be distributed as intended, following a necessary clarification of the will’s language. He remarked, “In terms of the will, I am satisfied the wording of the charitable gift remained especially vague and clearly it required clarification to enable it to be given proper effect.”

A sworn affidavit from Sister Moya Campbell supported the application, outlining how the trust would utilize the funds for charitable purposes. With the court’s directive for the revised wording, the law firm overseeing the estate will now pay out the proceeds to the Sisters of St Joseph of the Sacred Heart (NZ) Trust Board.

Costs totaling $9,560 and $3,000 in disbursements will also be covered from Burke’s estate. The trust will determine which charities will benefit from the allocated funds, ensuring that Burke’s long-delayed charitable intentions are finally fulfilled.