The court's power under s 63A of the Trustee Act 1958 (Vic) to approve an arrangement on behalf of an incapacitated beneficiary is not conditional upon the consent of all other persons beneficially interested under the trust, including the Attorney-General representing charitable remaindermen. The jurisdiction is not limited to cases where the trust could be varied by agreement of all beneficiaries under the Saunders v Vautier principle. In determining whether to approve an arrangement, the court must be satisfied it is for the benefit of the incapacitated person and is fair and proper overall, taking into account the testator's intention and the interests of all parties.
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