› Trust variation scheme under s 69B Trustee Act 1936 (SA)
Equity
› Trusts and trustees
› Powers, duties, rights and liabilities of trustees
› Relief from liability for breach of trust under s 56 Trustee Act 1936 (SA)
Equity
› Trusts and trustees
› Powers, duties, rights and liabilities of trustees
› Conferral of additional powers under s 59B Trustee Act 1936 (SA)
Churches and religious associations
› Church property and trusts
› Sale of trust land in ignorance of trust
› Lost trust deed
Quick Take
1Where a charitable trust deed has been lost and its terms cannot be established beyond a general statement of purpose, a trust variation scheme under s 69B of the Trustee Act 1936 (SA) may be approved where the original purposes can no longer be carried out due to changed circumstances, provided the proposed scheme accords as closely as practicable with the discernible spirit of the trust.
2A trustee who sold trust land in ignorance of the existence of a trust deed, without following the statutory procedures in s 51 of the Trustee Act 1936 (SA), may be relieved from liability under s 56 where the trustee acted honestly and reasonably, there was no bad faith or wilful misapplication of funds, and no loss was caused to beneficiaries.
3Section 59B of the Trustee Act 1936 (SA), which empowers the Court to confer additional management powers on trustees, applies to charitable trusts as well as private trusts, and may be exercised where the trust deed cannot be located and the powers originally conferred on the trustee are unknown.
