The Court approved the appropriation by an executor-beneficiary of real property to himself in satisfaction of his 60% share of the estate residue under s 30(1)(k) and s 30(3) of the Trustees Act 1962 (WA). The Court was satisfied the appropriation was not adverse to the interests of the other beneficiary (a represented person under the Public Trustee's administration), as the executor undertook to pay any shortfall of her 40% entitlement from his own funds. The Court confirmed that while O 70 r 10 and r 11 RSC do not apply to s 30(3) applications, the underlying principles of protecting persons under disability remain relevant, requiring the court to be satisfied the appropriation is not materially adverse to their interests.
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