Australian Trusts and Trustees Act Essay Example | Topics and Well Written Essays - 2250 words

Australian Trusts and Trustees Act - Essay Example The house was transferred to the congregation on a settled trust which terms included; a.) That the congregation would establish and maintain a hospice in perpetuity on the land, for the poor sick and dying in honour of the life and work of Dr Lillian Cooper, and the Hospice was to be known as ‘Olivetti Hospice’. b.) That the land would never be sold, or given out in exchange for anything else by the congregation. No fund was involved the transfer when the trust was settled. The congregation bore the cost of building and operating the hospice built on the donated land. However, the congregation soon encountered some difficulties in both the size of the land and access into it as soon as planning began for the proposed Hospice. Over the years, the difficulties have been resolved, first, by the closure of the adjoining street, and by the acquisition of other land in years subsequent to 1952. The Hospice was opened in 1957, together with a convent and a chapel. Since that t ime, the hospice has been renovated and modernized considerably, more levels and building having been added. This means, therefore, that the original hospice building is located on three different land, comprising the land donated by Miss Bedford, the obtained through the closure of street, and other land which were acquired over the years since 1952. The additional facilities constructed on the land subsequent to 1952 include; the Marycrest Retirement Centre for low care residential aged care, and the Lillian Cooper Nursing Home for high care residential age care, both operated under the name ‘Caritas Care’. In summary, the aims and purpose of the care include to ensure that; a.) A facility designed to meet the physical and emotional need of the aged and terminally sick who are poor was established and maintained in perpetuity b.) Dr Lillian Cooper’s life and work was commemorated by the said facility c.) The facility’s name is ‘Olivetti Hospiceâ₠¬â„¢. d.) The land remained protected from sale or exchange for anything. Was the term of the Trust being kept? First, the congregation had in 1962, agreed to a land swap with the Commonwealth of Australia to swap a part of the original land with a different parcel of land owned by the Commonwealth, but which was adjoining the trust land. This action was in not in conformity with the terms of the trust, to the effect that land would never be sold or be exchanged for anything, therefore, conclusion can be drawn that the term of the trust was not being kept in this regard. The original Bedford trust land has been blended into a larger parcel of land, which was created in 1976, and is used for the mission of the congregation and not for the purpose of the trust, as spelt out in the term of the trust, sees Baker v Archer-Shee (1927) AC 844. This action was also in discord with a term of the trust that demanded that the land be used for a hospice in perpetuity for the sick and dying who were poor. The amalgamation of the original Bedford Trust land into the new land, used for the mission of the congregation meant the term of the Trust in this regard was not being kept. The Mount Olivet Hospital providing other cares other than the care expressed in the term of the Trust means the term of the