Published 31 August 2017
Application to add parties — beneficiaries of Trust — interests of beneficiaries not defined — unclassified beneficiaries — Property (Relationships) Act 1976, s 37. The children of the parties sought to be joined as parties to the proceedings as they opposed orders that were sought to vacate and sell a property that was held in a family trust for them. The children argued that the trustee who was unable to properly represent their issues as she would have a conflict of interest. The Trust Deed did not define the beneficiaries as being either discretionary or final beneficiaries. The court found that the children did have sufficient interest in the property and that they needed to be represented and considered before orders regarding the property were made. The children were therefore joined as parties to the proceedings. Judgment Date: 7 February 2017.
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