22 May 2013
KHAN V SCOTT & OR HC AK CIV-2012-404-007255
- Citation
- openlaw-1d70eb02_61ed_409c_a24b_fd5a7bcd0e82.pdf
- Court
- High Court
The court approved the Deed of Family Arrangement because the deceased's circumstances had materially changed (marriage dissolution) such that the will's operation produced an unintended unequal distribution, the proposed arrangement was not plainly at odds with the settlor's intentions (supported by evidence from the deceased's father), and any financial detriment to the benefitting child was counter-balanced by the benefits of equalisation and preservation of family harmony.