It was a touching gesture for Thomas Burke to provide for his sister and another friend, but leaving the residue of his estate for use ‘as relax for religious as nuns’ in his partly handwritten will led to multiple court cases after his 1987 death, having his estate holding $60,500 cash nearly four decades later and yet another court case needed to decide who is entitled to this money.
Mr Burke’s major asset was a house on Mt Pleasant Road, in Christchurch. This house and its contents were sold shortly after his death, with the High Court then asked to rule on interpretation of his will.
His sister, a nun with the Sisters of St Joseph of the Sacred Heart, was a beneficiary. Known as Sister Leo, she was entitled to all estate income during her lifetime.
Mr Burke’s will then stated that on his sister’s death, all estate income would go to his friend Bridie Meagher. His estate could not be finalised until after her death.
She died in Christchurch in 2022, aged 94.
Back in 1994, the High Court decided a vague reference in Mr Burke’s will of leaving the bulk of estate ‘as relax for religious as nuns’ was valid as a charitable gift. Capital of the estate had to be kept intact. Left open was the question: how would this capital be used to benefit nuns generally, on death of Bridie Meagher as the last surviving income beneficiary?
Thirty years later, Justice Gendall answered this question.
The late Mr Burke’s charitable intention of providing a haven for nuns was best achieved by giving all the money to the late Sister Leo’s catholic order: St Joseph of the Sacred Heart. The current head of the order told the High Court how this money would be used for the benefit of nuns.
It was impracticable to continue any ongoing charitable trust for nuns in general, given the relatively small sum of money involved, Justice Gendall said.
Sacred Heart will be receiving less than the estate’s current balance of $65,000. Some $12,000 is to be deducted for legal costs arising from this latest court application, the court ruled.
re Estate of Thomas Cyril Burke – High Court (1.10.25)
25.211