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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: first the beneficiary must produce evidence that establishes a … 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: whether the transcript of the video was a document if so is it a will, and whether the Court is satisfied that the “document” expresses Gaylene’s testamentary intentions. With respect to the … 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 the Candida Trust (the Trust) will vest in the settlor’s children Stephanie, … Continue reading
