The inherent jurisdiction of the court to approve a compromise extends to compromises affecting the interests of unborn persons, provided there is real doubt or uncertainty as to their entitlements and the arrangement makes appropriate provision for them. A narrow view of 'benefit' should not be taken; certainty and avoidance of future disputes are relevant advantages. The statutory power under s 59C of the Trustee Act 1936 (SA) may be exercised in respect of trusts governed by the law of another jurisdiction that lacks an equivalent statutory provision.
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