{"id":"tas:act-1972-065","name":"Guesdon Bequest (Administration) Act 1972","slug":"guesdon-bequest-administration-act-1972","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"65 of 1972","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110258,"registerId":"tas-act-1972-065-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Guesdon Bequest (Administration) Act 1972](/view/html/inforce/2026-04-12/act-1972-065) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> > (1)  In this Act, unless the contrary intention appears –\n> > \n> > > ***charitable institution*** means an institution specified in the scheme referred to in the preamble to this Act and includes any institution substituted for any of those institutions by the Supreme Court or by [section 3](#GS3@EN) or by the trustees under the authority of an approval of the Attorney-General in that behalf given as provided by [section 4](#GS4@EN) ;\n> > \n> > > ***deceased*** means *William Andrew Guesdon* late of Denmark Lodge, The Grove, Clapham Common in the County of Surrey in England, Gentleman, deceased;\n> > \n> > > ***trustees*** means the trustees in this State from time to time of the deceased and includes any 2 of those trustees acting together.\n> \n> > (2)  A reference in this Act to a sum shall be construed as a reference to a sum of money held in trust by the trustees under the will of the deceased.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Substitution of certain institutions as beneficiaries","content":"### 3 Substitution of certain institutions as beneficiaries\n\n> Notwithstanding anything contained in the will of the deceased, the trustees may apply the sums specified in [Part I](#JS1@HSI@EN) of the Schedule being the sums which, prior to the commencement of this Act, were applicable for the benefit of the charitable institutions appearing opposite each sum in that Part for the benefit of the institutions set out in [Part II](#JS1@HSII@EN) of the Schedule to the extent in each case of the sums appearing opposite each institution in that Part.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Power to substitute institutions as beneficiaries in place of institutions ceasing to exist","content":"### 4 Power to substitute institutions as beneficiaries in place of institutions ceasing to exist\n\n> > (1)  In any case in which any charitable institution has ceased, or is about to cease, to exist, the trustees shall make such inquiry as to them seems proper and adequate for the purpose of ascertaining some other institution in this State having similar objects to that charitable institution, regard being had to the intentions of the deceased as appearing from his will, and shall certify in writing their opinion therein to the Attorney-General.\n> \n> > (2)  A certificate of the trustees under [subsection (1)](#GS4@Gs1@EN) that a charitable institution has ceased or will cease to exist and of proper and adequate inquiry and of their opinion as in that subsection referred to is, for all purposes, conclusive evidence of those facts.\n> \n> > (3)  In certifying their opinion under [subsection (1)](#GS4@Gs1@EN) as to an institution which may properly be endowed in substitution for a charitable institution which has or will cease to exist, the trustees may apply to the Attorney-General for his approval under this section.\n> \n> > (4)  On receiving the certificate of the trustees, referred to in [subsection (1)](#GS4@Gs1@EN) , and on application by them under [subsection (3)](#GS4@Gs3@EN) , the Attorney-General may, in writing, approve of the substitution of the institution therein referred to for the charitable institution which has ceased, or will cease, to exist and may specify in such approval the terms and conditions (if any) on and subject to which it is given.\n> \n> > (5)  An approval of the Attorney-General under this section is authority for the trustees, in accordance with the terms and conditions (if any) specified therein, to apply for the benefit of the institution in respect of which the approval was given the sum formerly applied for the benefit of the charitable institution which has ceased, or will cease, to exist and any accumulations thereof to the total exclusion of that charitable institution.\n> \n> > (6)  The Attorney-General may specify in an approval under this section a date for the purpose of this section being either antecedent or subsequent to the date of the approval and the authority thereby afforded shall be effective as from that date; if no date is so specified such authority shall be effective from the date of the approval.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Removal of doubts and indemnity","content":"### 5 Removal of doubts and indemnity\n\n> > (1)  To any extent to which there is or may be any doubt as to the validity of the application by the trustees of any sums for the benefit of the West Coast District Hospital, those sums shall be deemed to have been applied in all respects as if that institution had been substituted as by this Act provided for the Strahan (District) Hospital and the Queenstown (District) Hospital from the time of the last payment by way of application of sums for the benefit of each of those institutions respectively.\n> \n> > (2)  No action, suit, or demand shall be brought or allowed by or in favour of any person against the Attorney-General, the trustees or any of them, or any other person for or in respect of any alleged breach of trust or otherwise in relation to any act, matter, or thing done in pursuance of, or for the purpose of giving effect to, the provisions or objects of this Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Investment of trust funds","content":"### 6 Investment of trust funds\n\n> For the purposes of the administration of the trusts by the trustees under the will of the deceased, [subsection (1) of section 5 of the](/view/html/inforce/2026-04-12/act-1898-034#GS5@Gs1@EN) [Trustee Act 1898](/view/html/inforce/2026-04-12/act-1898-034) shall be read as if the words \", unless expressly forbidden by the instrument, if any, creating the trust,\" were not contained therein.","sortOrder":5},{"sectionNumber":"SCHEDULE 1","sectionType":"part","heading":"SCHEDULE 1","content":"# SCHEDULE 1 SCHEDULE 1\n\n[Section 3](#GS3@EN)","sortOrder":6},{"sectionNumber":"Part I","sectionType":"part","heading":null,"content":"# Part I\n\n|  | $ |\n| Launceston District Nursing Association | 3 000·00 |\n| Zeehan and Dundas District Hospital | 2 000·00 |\n| Queenstown (District) Hospital | 2 000·00 |\n| Strahan (District) Hospital | 2 000·00 |","sortOrder":7},{"sectionNumber":"Part II","sectionType":"part","heading":null,"content":"# Part II\n\n| Cosgrove Park Domiciliary Nursing Service | 3 000·00 |\n| West Coast District Hospital | 4 000·00 |\n| Zeehan District Nursing Centre | 2 000·00 |","sortOrder":8}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have maintained its original narrow purpose of administering the Guesdon bequest since 1972. Amendments have occurred but the core scope — managing a specific private bequest — does not appear to have materially changed."},"complexity_factors":["Very narrow and specific subject matter — applies only to a single named bequest","Limited text provided makes full analysis impossible, but the nature of bequest administration Acts is typically straightforward","Has remained largely unchanged since 1972, suggesting simple and stable provisions","No apparent cross-jurisdictional elements or interaction with complex regulatory regimes"],"plain_english_summary":"The Guesdon Bequest (Administration) Act 1972 (Tas.) creates a legal framework for managing a specific private bequest from Guesdon, turning the gift’s administration into a formal, governed arrangement.  \n\nIt mainly affects the bequest’s managers (trustees or government bodies) and its beneficiaries by clarifying authority and procedures, reducing legal uncertainty and the risk of disputes over how the funds are used."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation has remained tightly scoped to its original purpose: administering the specific charitable bequest of William Andrew Guesdon. It has not expanded beyond redirecting funds from four original Tasmanian healthcare institutions to three replacement institutions, plus providing a mechanism for future substitutions if those institutions also cease to exist. The scope is exactly what it appears to be from the title and preamble."},"complexity_factors":["Only 3 defined terms in the interpretation section (charitable institution, deceased, trustees)","Single-purpose legislation affecting one specific estate (William Andrew Guesdon)","No nested exceptions or conditional logic beyond basic 'if institution ceases to exist' scenarios","Straightforward substitution mechanism with Attorney-General approval","Simple two-column Schedule table showing dollar amounts and substitutions","Minimal cross-referencing (only to Trustee Act 1898 in section 6, and internal section references)","Total length: 6 sections plus 1 Schedule"],"plain_english_summary":"**What this law does:**\n\nThis Act fixes a problem with a specific charitable will left by **William Andrew Guesdon**, an English gentleman who died owning property in Tasmania. His will left money to several hospitals and nursing associations on Tasmania's West Coast and in Launceston. By 1972, some of these original charities had closed, merged, or changed their names, making it legally difficult to give them the money.\n\n**Who it affects:**\n- The **trustees** (the people legally responsible for managing Guesdon's estate and distributing his money)\n- **Three specific healthcare charities** that replaced the original four beneficiaries:\n  - **Cosgrove Park Domiciliary Nursing Service** (replacing Launceston District Nursing Association)\n  - **West Coast District Hospital** (replacing both Queenstown and Strahan hospitals)\n  - **Zeehan District Nursing Centre** (replacing Zeehan and Dundas District Hospital)\n- The **Attorney-General of Tasmania**, who gets special powers to approve future substitutions if these charities also cease to exist\n\n**Why it matters:**\nWithout this law, the trustees would be stuck. They couldn't legally give money to institutions that no longer existed, and they might have to hold the money indefinitely or return it. The Act:\n- **Immediately redirects** specific dollar amounts to the new institutions (see the Schedule table)\n- **Gives the Attorney-General power** to approve future substitutions if charities close down again\n- **Protects everyone involved** from being sued for making these changes\n- **Backdates protection** for money already given to West Coast District Hospital (fixing any legal doubt about those past payments)\n\nIn short, it's a legislative patch for one specific charitable trust that got complicated because the world changed between when the will was written and when the money needed to be paid out."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The Act departs from the terms of the deceased’s will by authorising trustees to reapply specified legacy sums to different named institutions in the Schedule and to substitute similar State institutions when originals cease to exist (ss 3–4). It also alters trustees' investment limitations for administering the trust (s 6)."},"complexity_factors":["Statutory override of a private will to reassign named bequests to Schedule-listed institutions (s 3)","Trustees have investigatory and decision roles when an institution ceases to exist, then must certify and apply to the Attorney‑General for approval (s 4(1), (3))","Attorney‑General discretion to approve substitutions and to set retrospective or prospective effective dates and conditions (s 4(4)–(6))","Conclusive evidentiary effect of trustees’ written certificate on existence/inquiry facts (s 4(2)) which limits judicial review of factual predicates","Indemnity and bar on actions against Attorney‑General, trustees or others for acts done under the Act (s 5(2)) affecting litigation risk allocation","Modification of Trustee Act investment restriction to broaden investment discretion (s 6)","Fixed schedule mapping specific sums between original (Part I) and substitute (Part II) beneficiaries, creating concentrated allocation rules"],"plain_english_summary":"This Act lets the trustees of William Andrew Guesdon’s will reassign specified trust sums from the original named beneficiaries to alternative institutions listed in the Schedule, and to substitute other similar institutions in the State where original charities cease to exist (sections 3–4). It also relaxes a restriction on trustee investment powers for administering the trust (section 6).\n\nEffect: the trust corpus funds the substitutions, trustees control reallocation (with Attorney‑General approval for replacements), and an indemnity limits legal claims about acts done under the Act (section 5)."}},"importantCases":[],"_links":{"self":"/api/acts/guesdon-bequest-administration-act-1972","history":"/api/acts/guesdon-bequest-administration-act-1972/history","analysis":"/api/acts/guesdon-bequest-administration-act-1972/analysis","conflicts":"/api/acts/guesdon-bequest-administration-act-1972/conflicts","importantCases":"/api/acts/guesdon-bequest-administration-act-1972/important-cases","documents":"/api/acts/guesdon-bequest-administration-act-1972/documents"}}