1A power of amendment in a trust deed that prohibits extending the distribution date beyond 'the latest date provided by' the deed is ambulatory: what the deed 'provides' is assessed at the date the power is exercised, not the date of execution, and at that date the royal lives period constituted the latest date provided by the deed.
2An amendment extending a fixed period is impermissible where it is not certain that the extended fixed period will expire before the royal lives period, because permitting the amendment would risk breaching the rule against perpetuities which the royal lives clause was designed to satisfy.
3The decision in In the matter of the Kien Trust (No 1) [2019] NSWSC 1601, which upheld deletion of the fixed period, was distinguished: deletion of the fixed period leaves the royal lives period as the operative limit, whereas extension of the fixed period beyond a point of certainty relative to the royal lives period creates impermissible uncertainty.
Case Details
Citation[2026] NSWSC 860
CourtNSWSC
JurisdictionNew South Wales
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