Supreme Court
Decision Information
Summary: Ex parte application by Public Trustee for an order to terminate a trust made subject to directions to proceed under Rule 427 of the Rules of Court - Application brought on behalf of deceased's son who wishes to collapse a trust which will terminate in four months time on his 25th birthday - Applicant cites unspecified personal reasons for desire to collapse trust.
Decision: Direction by Court to proceed instead by Originating Notice and serve all interested parties - Court unable to render a decision varying the trust until such time as evidence is presented, or consent given for variation by the affected parties.
Subjects: Trusts - Express trusts - Rectification or variation
Keywords: Trust - terminate - public trustee - notice