The Estate of Helen Selle, late of Kirribilli [2015] NSWSC 399

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Helen Selle, late of Kirribilli [2015] NSWSC 399 Hearing dates: 8 April 2015 Date of orders: 08 April 2015 Decision date: 08 April 2015 Jurisdiction: Equity Division Before: Slattery J Decision: The Court refuses to give judicial advice, appoints new trustees and orders those trustees to indemnify the estate for the application Catchwords: SUCCESSION – Wills, probate and administration – construction and effect of testamentary dispositions – request for judicial advice under Trustee Act s 63 – construction of will – whether will permitted new trustees to subtrust to be appointed – whether expedient to appoint new trustees under s 70 – whether new trustees could be ordered to indemnify estate for costs of application Legislation Cited: Trustee Act 1925, ss 63, 70, 93 Category: Consequential orders (other than Costs) Parties: First Applicant: Michael William Winston-Smith Second Applicant: David Charles Vickery Morgan Representation: Counsel: Applicant: D. Flaherty

Solicitors: Applicant: David Charles Vickery Morgan, Alfred J Morgan & Son File Number(s): 2012/392441 Publication restriction: No

EX TEMPORE Judgment 1. By their amended summons dated 23 February 2015 the executors and trustees of the will of the late Helen Selle, Michael William Winston-Smith and David Charles Vickery Morgan, move the Court for judicial advice under Trustee Act 1925, s 63. In the alternative the plaintiff trustees seek relief for the appointment of new trustees under Trustee Act, s 70 to a trust created under the will for share of residue for a particular beneficiary.