TRUSTS AND TRUSTEES - land held by trustees upon trust for testator's son for life with remainder to son's children - son childless and likely to remain so - trustees seek order under s.72 Trustee Act vesting land in son freed from contingent rights of unborn children - nature of s.72 order as "vesting order" - requirement for separately existing equitable entitlement in need of perfecting by vesting order - s.72 does not permit variation of trusts independently of such requirement
Acts Cited:
Trustee Act 1925, ss.72, 78
Case Details
Citation[2004] NSWSC 887
CourtNSWSC
JurisdictionNew South Wales
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