20 Dec 2010
TATHAM V TATHAM HC WN CIV-2010-435-152
- Citation
- openlaw-012b3278_056a_4fb2_8c6b_39962d22dac9.pdf
- Court
- High Court
The Court will approve a variation of the trust vesting date under s 64A where it is in the interests of the protected beneficiaries; the mere fact that the variation may fall within the literal definition of a "tax avoidance arrangement" does not preclude approval, though the Court must consider whether there is a significant risk the tax benefit will not be realised; on the facts, informed adult beneficiaries and expert advice indicated the risk was low, so approval was granted.