Judgment
AA (Trustee) v BB (Attorney for Heirs) - Reasons for Decision
FSD 0137/2019 (ASCJ) · 2020-02-14
Trustee's proposal for realisation and distribution of trust assets and winding up of the Trust - whether Trustee may benefit only the heirs of the Settlor rather than the wider class of discretionary beneficiaries – seeming conflict between wishes of Settlor for Shari'a-compliant distributions and typical common law classification of discretionary trust beneficiaries - whether Court should nonetheless grant approval of Trustee's proposal if arrived at reasonably and after proper inquiries.
Full metadata
| Cause Number | FSD 0137/2019 (ASCJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Smellie CJ |
| Parties | AA (Trustee) v BB (Attorney for Heirs) - Reasons for Decision |
| Judgment Date | 2020-02-14 |
| Subject | Trustee's proposal for realisation and distribution of trust assets and winding up of the Trust - whether Trustee may benefit only the heirs of the Settlor rather than the wider class of discretionary beneficiaries – seeming conflict between wishes of Settlor for Shari'a-compliant distributions and typical common law classification of discretionary trust beneficiaries - whether Court should nonetheless grant approval of Trustee's proposal if arrived at reasonably and after proper inquiries. |
| Filename (current) | 20-02-14-AA-v-BB.pdf |
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