Can an administrator invoke Saunders v Vautier?

Interesting judgment by the Qld Court of Appeal on whether a financial administrator for an adult without capacity can invoke a beneficiary's right to call an end to a trust under the principles in Saunders v Vautier.  2-1 decision on primary questions. Read Re Tracey [2016] QCA 194 here.

Taking McIntosh one step further…

A recent SA decision has found that an executor owes the same duty as an administrator to get superannuation funds into the estate.  More importantly, it was held that any conflict was not authorised by the will, because: there was "a sophisticated superannuation policy governed by a complex trust deed in which the trustee has discretionary functions." There … Continue reading Taking McIntosh one step further…