Christchurch Court Grants $65,000 to Sisters of St Joseph Trust

A recent High Court decision has resulted in a distribution of $65,000 to the Sisters of St Joseph of the Sacred Heart (NZ) Trust Board, fulfilling the charitable intent of a will written by Thomas Cyril Burke in 1987. Burke, who passed away without a wife or children, had specified that his property on Mt Pleasant Road in Christchurch should be used by nuns for relaxation and peace. Following decades of legal complexities surrounding the will, the court has clarified its provisions.

Burke’s will originally bequeathed his house and furniture to his sister, Sister Leo, who was a nun. If Sister Leo had not been alive, the assets were to be given to Bridie Meagher for her lifetime. After Burke’s death, the house and furniture were sold, and the proceeds were placed into a trust account managed by a law firm. The specifics of why the property was sold have not been detailed in the court’s recent ruling.

In a judgment delivered on October 1, 2023, Justice David Gendall noted that the estate had faced challenges due to the vague language of Burke’s will. He stated that prior distributions from the estate had been made to Sister Leo until her death in 2006 and then to Meagher until she passed away at the age of 94 in 2022. The remaining funds now available for distribution prompted the recent court application.

Legal Complexities Resolved

Retired lawyer Richard Sprott, who has overseen the administration of Burke’s estate since its inception, sought to amend the wording of the charitable gift to facilitate final distributions. In a 1994 ruling by Justice Paul Neazor, Burke’s intention for the house and furniture to be used by nuns was recognized as a valid charitable gift, aimed at either advancing religion or alleviating poverty and distress.

The latest ruling acknowledged that fulfilling Burke’s original charitable intent had become “impossible and impracticable” due to the sale of the property. Justice Neazor had previously highlighted the ambiguity in the phrase “to be used as a relax to religious nuns,” complicating the distribution of the remaining proceeds.

Justice Gendall’s recent findings confirmed that the funds in the residual estate were indeed available for charitable distribution. He emphasized the need for clarification in the will’s wording to ensure that Burke’s wishes could be properly executed. The court’s decision allows the funds to be directed to the Sisters of St Joseph of the Sacred Heart (NZ) Trust Board, which will determine how best to allocate the funds to support charitable causes.

Future Charitable Endeavors

A sworn affidavit from Sister Moya Campbell outlined the intended charitable purposes for the funds, reinforcing the board’s commitment to using the money effectively. Justice Gendall ordered that the law firm pay out the remaining proceeds to the trust, alongside costs amounting to $9,560 and additional disbursements of $3,000 from Burke’s estate.

This decision marks a significant resolution for Burke’s estate, ensuring that his original charitable intentions are honored, even decades after his passing. The Sisters of St Joseph of the Sacred Heart Trust Board is now positioned to make a meaningful impact with the funds, benefiting various charities in alignment with Burke’s legacy.