Supreme Court Provides Guidance on Managing Lost Trusts
📌 In brief
The Supreme Court provided guidance to a trustee who lost the original trust deed. Based on secondary evidence like an accountant's letter, the court advised the trustee on managing the trust assets according to the best available information.
⚖️ Legal holding
A trustee is justified in managing and administering a trust based on the best available evidence when the original trust deed cannot be found.
📖 Technical summary
The court provided judicial advice on managing a trust without an existing deed, based on secondary evidence.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Supreme Court of New South Wales Supreme Court Offers Guidance on Trust Distribution
- Court of Appeal (NSW) Court of Appeal Rules on Charitable Trust Reviews
- Supreme Court of New South Wales Co-owner Wins Right to Sell Jointly Owned Property
- Supreme Court of New South Wales Successful Set Aside of Statutory Demand in NSW Supreme Court
- Supreme Court of New South Wales Supreme Court Rules Director Can Inspect Solicitor-Held Documents
- Supreme Court of New South Wales Supreme Court Grants Extension in Liquidation Proceeding
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- Federal Court of Australia Federal Court Allows Substituted Service for Statutory Demand Dispute
- Supreme Court of New South Wales Tenant Wins Release of Rental Arrears Funds Held Since 2016
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A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The trustee acted reasonably by managing the trust based on the best available evidence when the original document was missing.
- Trustees are justified in making decisions that align with previous legal advice and established trust principles.
- A court may approve applications under relevant statutes if certain requirements are met.
- Plaintiffs have a right to inspect documents held by solicitors, even for the benefit of others.
- Courts can extend timeframes for proceedings if it is deemed fair and just.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The court gave advice to a trustee about how to manage a trust when the original deed is lost.
Who was involved?
A trustee and an accountant who had knowledge of the trust's terms.
How did the court decide, and why?
The court relied on secondary evidence like an accountant's letter to confirm the trust terms.
Which laws or rules were applied?
Section 63 of the Trustee Act 1925 was used to provide judicial advice.
What was the argument that mattered most?
The existence and content of a secondary evidence letter from an accountant who knew about the trust terms.
Was the decision for or against the person who brought the case?
For the trustee, providing guidance on managing the trust.
What does this mean for someone in a similar situation?
Trustees can seek judicial advice based on secondary evidence when the original deed is lost.
What evidence or documents mattered?
An accountant's letter and affidavit provided key information about the trust terms.
Can a decision like this be appealed?
Generally, decisions providing judicial advice are not appealable as they are advisory in nature.
Is it worth getting a solicitor for a case like this?
It is advisable to seek legal advice from a qualified solicitor for such matters.