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Sections 126 and 127 of the Trusts Act provide for the review of trustee decisions. The scope and relevant procedure are as follows: As noted by Churchman J in Paton v Acropolis Holdings Limited[1]at [54] the review of a trustee decision is a two stage process: As noted in Paton v Acropolis Holdings Limited at … Continue reading
In Wiggins v Wiggins the court explores the parameters of section 145 of the Trusts Act, which provide that the Court, may, at the request of a Trustee or a beneficiary or on its own motion, submit any internal matter to an ADR process other than in the situation where the terms of the Trust … Continue reading
The background to Estate of Gaylene Harvey is summarised by Becroft J at [1] to [5] as follows: The issues for resolution were: With respect to the video, which was viewed in Court Becroft J noted at [16] that “… For what it is worth, Gaylene seemed relaxed, clear, and happily participating. It seemed to … Continue reading
Re Candida Trust provides practical guidance as to the scope of section 125 of the Trusts Act 2019 and the use of the High Court’s inherent jurisdiction to permit trustees to sign a new restated trust deed that incorporates varied terms. Background facts Waiver pursuant to section 125 of the Trusts Act As set out … Continue reading
Matters of Trust 