Andrew O’Brien appeared for the applicant, instructed by Rouse Lawyers.
The applicant, as trustee of a family testamentary trust, sought relief pursuant to s 96 of the Trusts Act 1973 (Qld) for directions that he would be justified in entering into and proceeding with a settlement deed resolving a trust dispute with the executor of the deceased’s estate. The respondent beneficiary opposed the direction, arguing it was not in the beneficiaries’ best interests to enter into the settlement deed.
Hindman J ordered that the applicant was justified in proceeding with the settlement deed. Her Honour held that it was in the best interests of the trustee estate and the beneficiaries to proceed with the settlement. Furthermore, the applicant’s decision to agree to the settlement deed was within his trustee powers, which he exercised in good faith and with fair consideration.
The judgment can be read by clicking here
