In a decision today, Byrne J of the Qld Supreme Court found that the power given to a “parent” under a trust deed to consent to a trustee’s amendment of the trust, could be exercised by the parent’s attorney if the parent is incapacitated.
No reasons for decision were given, but orders were made permitting the power to be exercised by the attorney.
Don Fraser QC appeared for the applicant and I appeared for the beneficiaries of the trust. The substantive application was an application to vary a trust deed by extending the vesting date. An additional direction was sought as to whether the requirement for consent by the “parent”, given that the parents of all five trusts in question were getting on in years, could be given by the parent’s attorney. His Honour held that it could be.
The case is Look Enterprises Pty Ltd v Branch – BS S7537 of 2014.