Application for approval of a scheme to apply property to another charitable purpose
Quick Take
1Where a charitable bequest fails because the named beneficiary has ceased to exist, s 10(1)(a) of the Charitable Trusts Act 2022 (WA) is engaged and the property must be applied to an alternative charitable purpose 'as close as possible to the original purpose' under s 10(2).
2A successor entity that carries on substantially the same type of charitable activity — here, out-of-home care for children — with the same Christian identity and values satisfies the 'as close as possible' requirement, even though the precise mode of service delivery has evolved over time.
3Where the trust property exceeds the threshold for Attorney General approval (currently $100,000), court approval under s 18 is required, and the court must be satisfied of the matters in s 25(1) including that the scheme is appropriate, lawful, and the proposed purpose is a charitable purpose that can be carried out.
