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In the matter of the Estate of Hyman Marks the High Court was asked to approve a trustee fee of $5,000 per annum. By way of background as noted at [4]: “The trust fund was established under the Will of the late Hyman Marks, who died on 22 May 1895. Since then, various trustees have … Continue reading →
It is common for appointment as a final beneficiary to be considered a higher ranking appointment than a disretionary beneficiary. However, what does it really mean to be a final beneficiary? Fundamentally, this might often be no more than the right to receive all or part of the remaining trust assets (if any) when the … Continue reading →
As noted at [20(a)] of Newton v Dunasemant “While the dramatic change in the terms of the 2021 will from those of the 2016 will might give rise to an initial presumption of undue influence, Christine’s evidence and that of Mr Fitzgerald rebut that presumption by elaborating on the disconnect between Fraser and Mrs Newton … Continue reading →
Matters of Trust