H+A Legal
  • ABOUT
  • PEOPLE
  • SERVICES
  • Publications
  • CONTACT

Judicial Advice for Trustees

6/8/2013

0 Comments

 
Trustees who are in doubt about the proper construction and operation of the terms of a trust may seek ‘judicial advice’ under section 63 of the Trustee Act 1925 NSW. 
This section can be used to provide ‘private’ advice to a trustee in the sense that a primary function of the section is to give personal protection to the trustee in relation to their administration of the trust. 

In Re Estate Late Chow Cho-Poon; Application for judicial advice [2013] NSWSC 844, Lindsay J considered such an application for judicial advice in relation to a testamentary trust- in particular regarding whether the class of beneficiaries referred to in the trust had closed. His honour noted that in such applications the Court would typically be assisted by being informed about any competing views of the beneficiaries of the trust or other parties (if any) who may be affected by the proceedings; and by being provided with a well-considered memorandum of opinion from counsel setting out an analysis of the problem to be solved. His Honour ultimately found that the trustees would be justified in administering the estate on the basis that the subject gift had vested, in interest and possession, for all beneficiaries.

0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Archives

    March 2015
    January 2015
    November 2014
    October 2014
    March 2014
    January 2014
    November 2013
    October 2013
    August 2013
    July 2013

    Categories

    All
    Breach Of Contract
    Builder's Liability
    Construction Law
    Contracts
    Damages
    Debt Recovery
    Economic Loss
    Estate Litigation
    Family Provision
    Financial Advisor
    Financial Services
    High Court
    Information Technology
    Insurance
    Legal
    Legal Practice
    Legal Resources
    Litigation
    Misleading And Deceptive Conduct
    Negligence
    Power Of Attorney
    Product Liability
    Technology
    Torts
    Trusts
    Wills

    View my profile on LinkedIn
​About Us
People
Services
​
Privacy Policy & Disclaimer


  • ABOUT
  • PEOPLE
  • SERVICES
  • Publications
  • CONTACT

Judicial Advice for Trustees

6/8/2013

0 Comments

 
Trustees who are in doubt about the proper construction and operation of the terms of a trust may seek ‘judicial advice’ under section 63 of the Trustee Act 1925 NSW. 
This section can be used to provide ‘private’ advice to a trustee in the sense that a primary function of the section is to give personal protection to the trustee in relation to their administration of the trust. 

In Re Estate Late Chow Cho-Poon; Application for judicial advice [2013] NSWSC 844, Lindsay J considered such an application for judicial advice in relation to a testamentary trust- in particular regarding whether the class of beneficiaries referred to in the trust had closed. His honour noted that in such applications the Court would typically be assisted by being informed about any competing views of the beneficiaries of the trust or other parties (if any) who may be affected by the proceedings; and by being provided with a well-considered memorandum of opinion from counsel setting out an analysis of the problem to be solved. His Honour ultimately found that the trustees would be justified in administering the estate on the basis that the subject gift had vested, in interest and possession, for all beneficiaries.

0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Archives

    March 2015
    January 2015
    November 2014
    October 2014
    March 2014
    January 2014
    November 2013
    October 2013
    August 2013
    July 2013

    Categories

    All
    Breach Of Contract
    Builder's Liability
    Construction Law
    Contracts
    Damages
    Debt Recovery
    Economic Loss
    Estate Litigation
    Family Provision
    Financial Advisor
    Financial Services
    High Court
    Information Technology
    Insurance
    Legal
    Legal Practice
    Legal Resources
    Litigation
    Misleading And Deceptive Conduct
    Negligence
    Power Of Attorney
    Product Liability
    Technology
    Torts
    Trusts
    Wills

    View my profile on LinkedIn
✕