The Estate of Helen Selle, late of Kirribilli [2015] NSWSC 399

The Estate of Helen Selle, late of Kirribilli [2015] NSWSC 399

Due to ambiguity over the Will's definition of 'ineligible person' and to avoid potential future disputes, the Court, rather than giving judicial advice, exercised its power under Trustee Act s 70 to appoint new trustees for Sean Ringrose's Beneficiary Testamentary Trust and ordered that the newly appointed trustees indemnify the deceased’s estate for the application costs out of the relevant trust assets.

Jurisdiction
Australia
Judgment Date
08 April 2015
Procedural Posture
Application (succession/trusts) / Consequential Orders
Outcome
Application for judicial advice refused; order appointing new trustees granted; indemnity for costs ordered.
Legal Topics
['construction of Wills' 'appointment of Trustees' 'judicial Advice Under Trustee Act S 63' 'indemnity for Costs' 'trustee Act 1925 Ss 63, 70, 93']
['succession' 'trusts and Trustees'] ['construction of Wills' 'appointment of Trustees' 'judicial Advice Under Trustee Act S 63' 'indemnity for Costs' 'trustee Act 1925 Ss 63, 70, 93']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application (succession/trusts) / Consequential Orders

Legal Issues

  1. 1 ['Whether the Will permits the appointment of substitute trustees for a sub-trust when nominated trustees are unwilling to act' "Proper construction of the Will's provisions regarding trustee appointment and definition of 'ineligible person'" 'Whether the Court should give judicial advice or appoint new trustees under Trustee Act s 70' 'Whether the new trustees can be ordered to indemnify the estate for costs under Trustee Act s 93']

Ratio Decidendi

Due to ambiguity over the Will's definition of 'ineligible person' and to avoid potential future disputes, the Court, rather than giving judicial advice, exercised its power under Trustee Act s 70 to appoint new trustees for Sean Ringrose's Beneficiary Testamentary Trust and ordered that the newly appointed trustees indemnify the deceased’s estate for the application costs out of the relevant trust assets.

Court Disposition

Application for judicial advice refused; order appointing new trustees granted; indemnity for costs ordered.

Orders

  • ['Louise Brogan and Janette Thompson appointed as beneficiary trustees of the Beneficiary Testamentary Trust for Sean Michael Ringrose under clause 17(b) of the Will of the late Helen Selle.' 'Louise Brogan and Janette Thompson as such trustees to indemnify the deceased’s estate for the costs of this application out...