Application by Sonya Sarkis

Sonya Sarkis applied for judicial advice under the Trustee Act 1925, section 63, seeking guidance on whether she could defend proceedings brought by a beneficiary of a testamentary trust. The trust owns jointly held properties with the beneficiary, and the beneficiary is seeking the appointment of trustees for the sale of these properties under the Conveyancing Act 1919, section 66G. The primary issue before the court was whether the trustee was justified in defending the proceedings and, if so, on what terms.

The court considered whether the trustee's actions in potentially defending the proceedings were within the scope of her powers and duties. It also examined the circumstances under which the trustee might be justified in defending the proceedings and the implications of such a defence on the trust's administration and the interests of the beneficiaries.

The court concluded that the trustee could be justified in defending the proceedings under certain conditions. It found that the trustee's decision to seek judicial advice was appropriate and that she could defend the proceedings if she acted in the best interests of the trust and its beneficiaries. The court outlined specific terms and conditions under which the trustee could proceed with the defence, ensuring that the interests of all beneficiaries were protected and that the trust was administered properly.

The court ordered that the trustee could defend the proceedings brought by the beneficiary for the sale of jointly owned properties, provided she adhered to the terms and conditions set out in the judgment. This included ensuring that any defence was in the best interests of the trust and its beneficiaries, and that the trustee's actions were transparent and in compliance with her duties and powers under the Trustee Act 1925.