The exercise of discretion


(Vicki) #1

Clement v Lucas concerns a family farming enterprise and illustrates the difficulties when beneficiaries cannot agree on how to give effect to the protections parents have put in place for the benefit of the beneficiaries.

The contest at the heart of the matter was whether the trustees should distribute the trust assets equally between the three children beneficiaries; or whether the trustees should distribute the trust’s assets in accordance with settlors’ memorandum of wishes. The decision brings the case of Masters v Stewart to mind where trustees’ decision making process was challenged.
See further at https://mattersoftrust.co.nz/2018/02/25/more-trustees-sent-to-the-naughty-corner/