Public Trustee re Estate of T [1999] NSWSC 1027

Public Trustee re Estate of T [1999] NSWSC 1027

On the facts presented, the Court was not prepared to advise the Public Trustee to access the children's trust moneys to investigate or bring proceedings against their mother. Although there was material indicating a reasonable chance of establishing CT's involvement in the unlawful killing, the children were living with her, maintenance payments were being made to her, and there was insufficient independent evidence that the proposed proceedings or expenditure would be for the children's ultimate benefit.

Jurisdiction
Australia
Judgment Date
11 October 1999
Procedural Posture
Application for Judicial Advice Under S63 of the Trustee Act 1925 / Judgment on Summons
Outcome
Judicial advice given declining to approve use of the children's trust funds; one question did not apply and one question was not answered.
Legal Topics
['judicial Advice to Trustee' "use of Minors' Trust Funds" 'forfeiture After Unlawful Killing' 'survivorship' 'compensation to Relatives']
['trusts' 'succession' 'equity'] ['judicial Advice to Trustee' "use of Minors' Trust Funds" 'forfeiture After Unlawful Killing' 'survivorship' 'compensation to Relatives']

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Procedural Posture

Application for Judicial Advice Under S63 of the Trustee Act 1925 / Judgment on Summons

Legal Issues

  1. 1 ['Whether funds held by the Public Trustee on trust for three infant children should be applied to obtain evidence or bring proceedings against CT alleging forfeiture of her survivorship benefit because of involvement in the unlawful killing of T.' 'Whether funds held for the children should be used for a possible claim on their behalf under the Compensation to Relatives Act 1897.' 'Whether the proposed expenditure would be for the maintenance, education, advancement or benefit of the children.']

Ratio Decidendi

On the facts presented, the Court was not prepared to advise the Public Trustee to access the children's trust moneys to investigate or bring proceedings against their mother. Although there was material indicating a reasonable chance of establishing CT's involvement in the unlawful killing, the children were living with her, maintenance payments were being made to her, and there was insufficient independent evidence that the proposed proceedings or expenditure would be for the children's ultimate benefit.

Court Disposition

Judicial advice given declining to approve use of the children's trust funds; one question did not apply and one question was not answered.

Orders

  • ['Question 1: No.' 'Question 2: Does not apply.' 'Question 3: For the reasons given this question is not answered.']