17 Dec 2008
JOHN GERARD DARBY AND WYUNA TRUSTEES LIMITED AND ANOR V T A DARBY AND OTHERS HC DUN CIV 2008-412-000450
- Citation
- openlaw-4ea5284e_a2d3_4c75_893c_b38911efec8e.pdf
- Court
- High Court
The Court approved the insertion of clause 11 under s64A because adult beneficiaries consented, the proposed amendment contained express safeguards preventing detriment (requirement that changes benefit at least one beneficiary except for administration or error correction, protection of amounts already set aside, and prohibition on changing beneficiary classes), there was no evidence of prejudice to infant or unborn beneficiaries, and the change reflected common practice in modern discretionary trusts.