2 Jul 2010
SHANKS AND ORS V SHANKS AND ORS HC DUN CIV-2010-412-000310
- Citation
- openlaw-1006697c_257a_407b_a493_7cb146c0cb2b.pdf
- Court
- High Court
The court granted approval under s64A because, judged from the perspective of the minor and unborn beneficiaries, the benefits of the proposed deed of variation (preventing extinguishment of contingent interests, protecting trust assets, enabling charitable gifting, and providing flexibility to respond to future circumstances) outweighed the possible detriments (potential delay of vesting and broad resettlement power). All adult beneficiaries consented and counsel for the protected beneficiaries supported approval, so the practical, business-like assessment warranted approval in terms of the…