58Cases in which Attorney-General is required to be made a party or cited

### 58 Cases in which Attorney-General is required to be made a party or cited > > (1)  Subject to the provisions of [subsection (4)](#GS58@Gs4@EN) , and of [section 62](#GS62@EN) , and the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) , the Attorney-General shall be made a party to, or be cited to see proceedings in (according to the form of the proceeding), every original proceeding not instituted in his name – > > > > > > (a) which is instituted for the purpose of obtaining probate, or the revocation of probate, of any will or instrument propounded as, or alleged to be, a will which contains any disposition in favour of, or which might operate in favour of, charity generally; > > > > > > > (b) which is instituted for the purpose of obtaining any judgment or order as to the validity of, or which would involve the determination of the question of the validity of, any will or instrument propounded as, or alleged to be, a will, or any deed or other instrument whatsoever, which contains any disposition in favour of, or which might operate in favour of, charity generally; > > > > > > > (c) which is instituted for the purpose of obtaining probate, or the revocation of probate, of any will or instrument propounded as, or alleged to be, a will which contains any disposition in favour of, or which might operate in favour of, any particular charity, if for any reason any such charity which might be affected by the proceeding cannot be represented or properly represented in the proceeding; > > > > > > > (d) which is instituted for the purpose of obtaining any judgment or order as to the validity of, or which would involve the determination of the question of the validity of, any will or instrument propounded as, or alleged to be, a will, or any deed or other instrument whatsoever which contains any disposition in favour of, or which might operate in favour of, any particular charity, if for any reason any such charity which might be affected by the proceeding cannot be represented or properly represented in the proceeding; > > > > > > > (e) which is instituted for the purpose of obtaining any judgment or order as to whether any devise, bequest, trust, gift, or other disposition purported to be made or created by any will, deed, or other instrument whatsoever, or any oral trust, in favour of charity generally, or of any particular charity, which cannot be represented or properly represented in the proceeding, is a valid disposition, or as to whether any property, the subject of any disposition for any charitable purpose is applicable *cy-pres*, or for the purpose of obtaining any judgment or order as to the construction of, or which would involve the construction of, any devise, bequest, trust, gift, or other disposition made or created by any will, deed, or other instrument whatsoever, or any oral trust, and which devise, bequest, trust, gift, or other disposition operates or might operate in favour of charity generally; > > > > > > > (f) which is instituted for the purpose of obtaining any judgment or order as to the construction of, or which would involve the construction of, any devise, bequest, trust, gift, or other disposition made or created by any will, deed, or other instrument whatsoever, or any oral trust, and which devise, bequest, trust, gift, or other disposition operates or might operate in favour of any particular charity, if for any reason any such charity which might be affected by the proceeding is not or cannot be represented or properly represented in the proceeding; > > > > > > > (g) for the application *cy-pres* of any property subject to any charitable trust, or the settlement, alteration, or variation of any scheme for the administration of, or of any rules or regulations for the internal conduct or management of any charitable trust, or for any other purpose affecting the administration of or otherwise touching or concerning any charitable trust; > > > > > > > (h) to which the heir-at-law of any deceased person is a necessary party, if such heir-at-law cannot be found, or if there is no heir-at-law of such deceased person; > > > > > > > (i) to which the next-of-kin of any deceased person are necessary parties, if such next-of-kin cannot be found, or if there are no next-of-kin of such deceased person; > > > > > > > (j) in which any judgment or order might be given or made which would affect or concern some right or interest of His Majesty in right of this State. > > > (2)  For the purposes of this section it shall be immaterial that no relief or claim is sought or made against His Majesty in right of this State. > > > (3)  Subject to the provisions of [subsection (4)](#GS58@Gs4@EN) nothing in this section shall affect the existing law and practice of the Court as to other cases in which the Attorney-General is required to be made a party to any proceeding in the Court or to be cited to see any proceeding in the Court. > > > (4)  It shall not be necessary to have a scheme settled in any case in which the subject-matter of a trust for charity generally is money (whether a residue, a sum in gross, or income), the application or distribution of which is committed to a specified person, or specified persons, who is or are clothed (whether by the terms of the trust or otherwise) with an absolute discretion with respect to such application or distribution, but nothing in this subsection contained shall exclude, restrict, or qualify the jurisdiction or power of the Court or any judge thereof to direct a scheme in any such case or shall affect the powers of the Court or a judge under [section 63](#GS63@EN) .