This case involved an application by Mr Robert Grant, who was acting as the trustee of a testamentary trust created under his late father’s Will. Mr Grant asked the Court for permission to vary the terms of the trust so that he could manage it more effectively. He wanted powers that weren&...

A testamentary trust is a trust that is created by a Will and only comes into effect after the person who made the Will (the testator) has died. It is a way of passing on assets in a more controlled and possibly protective way, especially if: The beneficiaries are minors or have disabilities ...

Inter vivos” is a Latin term which roughly translates to  “between the living.” An inter vivos trust is simply a trust that is created and takes effect while the person who sets it up (the settlor) is still alive. This is different from a testamentary trust, which is creat...

When someone passes away in New South Wales, they usually leave a Will that sets out how their assets known as their estate should be distributed. However, there are times when a Will does not make proper provision for someone who may be reliant on the deceased for financial or emotional support....

1. What is an Enduring Guardian? An Enduring Guardian is someone appointed to make lifestyle, health, and medical decisions on behalf of another person (the appointor) if they lose capacity to make those decisions themselves. Your authority begins only if and when the appointor is no longer capa...