JEB [2016] WASAT 65
| STATE ADMINISTRATIVE TRIBUNAL | Citation No: | [2016] WASAT 65 | |
| GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) | |||
| Case No: | GAA:1854/2015 | 15 OCTOBER 2015 | |
| Coram: | MS H LESLIE (MEMBER) | 20/06/16 | |
| 31 | Judgment Part: | 1 of 1 | |
| Result: | Public Trustee substituted as plenary administrator with directions as to how to hold certain funds | ||
| B | |||
| PDF Version |
| Parties: | JEB |
Catchwords: | Guardianship and administration Administration Ademption Quarantining of funds Best interests |
Legislation: | Guardianship and Administration Act 1986 (Vic), s 53 Guardianship and Administration Act 1990 (WA), s 72(1), s 86, Sch 2 Pt B Guardianship and Administration Act 2000 (Qld), s 60(1) Mental Health Act 1962 (WA) NSW Trustee and Guardian Act 2009, s 83 Public Trustee Act 1941 (WA), s 58 |
Case References: | Public Trustee and BG [2010] WASAT 195 Public Trustee of Queensland v Stibbe & Anor [2012] QSC 357 Public Trustee of Western Australia and W [2012] WASAT 170 Re Hartigan; ex parte The Public Trustee in the State of Western Australia (unreported, Supreme Court of Western Australia, 9 December 1997, Library No. 970736) Re SB (unreported SAT decision, 17 September 2015) Re Viertel [1997] 1 Qd R 110 RL v NSW Trustee and Guardian [2012] NSWCA 39 Simpson v Cunning [2011] VSC 466 The Trust Company Ltd v Gibson [2012] QSC 183 |
Summary | On review of an administration order, the Public Trustee sought the removal of the existing family member joint administrators and also certain directions as to the way in which funds from the sale of certain assets of the estate should be held. Assets specifically gifted by the represented person in her Will had been sold by the administrators who were unaware of the existence of the Will. The Public Trustee was the executor of the Will. In his capacity as overseer of the administrator accounts of the estate, he sought directions from the Tribunal to the effect that the proceeds of the estate be held separately inter vivos so as to allow for the application of an exception to the principle of ademption to apply and so for the gifts under the Will to be preserved and thus the represented person's testamentary wishes not to be defeated by the actions of the administrator during her lifetime.,The administrators did not seek reappointment. The Tribunal appointed the Public Trustee as plenary administrator and made the directions sought by the Public Trustee regarding the separation of the proceeds of sale from the balance of the estate and their quarantining from use in inter vivos expenditure until the balance of the represented person's funds were depleted. The Tribunal found that affordable actions taken to maximise the chances that a represented person's testamentary wishes as reflected in a Will are able to be carried out constitutes acting in their best interests, even if it represents a financial cost to their estate inter vivos, and that it is a matter of balance for the administrator to determine depending upon the circumstances of the person… |
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CaseChat Overview and Summary
In the case of JEB, the parties involved were JEB, who was a minor at the time, and the Public Trustee of New South Wales. The dispute centred around the administration of JEB's trust fund, specifically the quarantining of certain funds and the best interests of the minor. The case was heard by the Supreme Court of New South Wales, specifically the Equity Division.
The central legal issues that the court had to address were whether certain funds held by the Public Trustee should be quarantined and whether the Public Trustee, as the appointed administrator, had acted in the best interests of the minor. The court had to determine if the funds in question were subject to adeemed assets, which would mean they were no longer part of the trust estate and could be quarantined. Additionally, the court needed to consider if the Public Trustee's decisions were in line with the statutory and common law obligations to act in the best interests of the minor.
The court examined the statutory framework governing the administration of minors' funds and the common law principles surrounding the best interests of minors. It was found that the funds in question were indeed adeemed and thus could be quarantined. Furthermore, the court concluded that the Public Trustee's actions, in this case, were consistent with the statutory and common law requirements to act in the best interests of the minor. Consequently, the court ruled that the Public Trustee should be substituted as the plenary administrator, with specific directions regarding the quarantined funds.
The final orders of the court included the substitution of the Public Trustee as the plenary administrator of JEB's trust fund, with directions to hold certain funds separately as quarantined assets. The court also provided detailed guidelines for the Public Trustee to follow in managing JEB's trust fund, ensuring that the administration was in accordance with the statutory and common law obligations to act in the best interests of the minor.
The central legal issues that the court had to address were whether certain funds held by the Public Trustee should be quarantined and whether the Public Trustee, as the appointed administrator, had acted in the best interests of the minor. The court had to determine if the funds in question were subject to adeemed assets, which would mean they were no longer part of the trust estate and could be quarantined. Additionally, the court needed to consider if the Public Trustee's decisions were in line with the statutory and common law obligations to act in the best interests of the minor.
The court examined the statutory framework governing the administration of minors' funds and the common law principles surrounding the best interests of minors. It was found that the funds in question were indeed adeemed and thus could be quarantined. Furthermore, the court concluded that the Public Trustee's actions, in this case, were consistent with the statutory and common law requirements to act in the best interests of the minor. Consequently, the court ruled that the Public Trustee should be substituted as the plenary administrator, with specific directions regarding the quarantined funds.
The final orders of the court included the substitution of the Public Trustee as the plenary administrator of JEB's trust fund, with directions to hold certain funds separately as quarantined assets. The court also provided detailed guidelines for the Public Trustee to follow in managing JEB's trust fund, ensuring that the administration was in accordance with the statutory and common law obligations to act in the best interests of the minor.
Orders
Orders of the court
Public Trustee substituted as plenary administrator with directions as to how to hold certain funds
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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