5 May 2009
EWINGTON & ANOR V SCHULZ AND ORS HC AK CIV 2008-404-6596
- Citation
- openlaw-a15a2c6e_bed7_4036_acb1_881e218e7f17.pdf
- Court
- High Court
The Court exercised its wide discretion under s64A of the Trustee Act 1956 to approve the proposed Deed of Family Arrangement because the arrangement, taken as a whole, benefits the parties, has effective informed consent from adults, adequately protects the minor and contingent/unborn beneficiaries through bespoke trust arrangements, and the construction of the will (ordinary meaning of 'survive') did not require withholding distribution until the life tenant's death.