Section 63 of the Trustee Act 1958 (Vic) cannot be used to confer on a trustee a power to make capital advances to a life income beneficiary where the sole purpose is to benefit that beneficiary at the expense of the corpus destined for other beneficiaries; such a power alters beneficial interests inter se rather than dealing with the management or administration of trust property. Section 63A cannot be used to approve an arrangement varying beneficial interests where the beneficiaries capable of consenting (here, charitable remainder beneficiaries) have not in fact consented. Part IV of the Administration and Probate Act 1958 (Vic) may provide an alternative avenue for further provision for a disabled beneficiary.
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