GOH SOH TIN
Catchwords
Trusts – Vesting order – Trust property – Undivided shares in land – Surviving trustee – Co-trustee deceased – Beneficiaries attaining age of majority – Trust declared to subsist until beneficiaries attained majority – Whether trust determined by effluxion of time – Whether beneficiaries became absolutely entitled – Whether trust became bare trust – Whether expedient to vest legal estate in beneficiaries – Trustee Act 1949, ss 3, 23(1), 48(h), 53, 60. Trusts – Trustees – Surviving trustee – Devolution of legal estate – Distinction between devolution of trusteeship and devolution of trust property – Whether legal estate vested in surviving trustee by survivorship – Whether surviving trustee had standing to seek vesting order – Trustee Act 1949, ss 23(1), 60. Trusts – Beneficiaries – Beneficiaries attaining majority – Absolute entitlement – Rule in Saunders v Vautier – Whether beneficiaries entitled to call for transfer of trust property – Whether vesting order appropriate notwithstanding surviving trustee’s power to transfer property without court order. Trusts – Vesting order – Expediency – Meaning of expedient under s 48(h) Trustee Act 1949 – Trust purpose exhausted – Co-trustee deceased – Long-standing trust subsisting for more than forty years – Need for clean and registrable title – Whether expedient to vest trust property directly in beneficiaries. Land Law – Trust property – Undivided shares in land – Vesting order – Registration – Effect of vesting order – Whether vesting order operates as conveyance – Registration subject to National Land Code – Trustee Act 1949, ss 53, 66. Practice and Procedure – Originating summons – Vesting order application – Incorrect citation of empowering statute – Misdescription of Trustee Act year – Whether defect jurisdictional or procedural – Whether irregularity curable by amendment – Rules of Court 2012, O 2 r 1, O 20. Practice and Procedure – Ex parte application – Vesting order – Land registering authority not party – Appropriate form of consequential registration order – Trustee Act 1949, ss 53, 66.
Practice Areas
Judges (1)
Parties (1)
Judgment
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