The Estate of Helen Selle, late of Kirribilli

In the matter of the Estate of Helen Selle, who passed away in Kirribilli, the executors of her will sought judicial advice from the Supreme Court of New South Wales regarding the interpretation and application of certain provisions within the will. Specifically, the executors questioned whether the will permitted the appointment of new trustees who could subsequently subtrust to others. Additionally, the executors considered whether it was expedient to appoint new trustees under section 70 of the Trustee Act 1925 (NSW), and if such trustees could be ordered to indemnify the estate for the costs of the application.

The court was tasked with interpreting the language of the will to ascertain the testator's intentions regarding the appointment of new trustees and their authority to subtrust to others. It was also required to determine whether the appointment of new trustees would be in the best interests of the estate and if such trustees could be held responsible for the costs associated with the application. The court needed to balance the testator's intentions with the practicalities of estate administration and the potential financial burden on the estate.

The court found that the will did permit the appointment of new trustees who could subtrust to others. The court concluded that it was in the best interests of the estate to appoint new trustees to ensure the proper administration of the estate. The court also ruled that the new trustees could be ordered to indemnify the estate for the costs of the application, as the testator's intentions and the need for efficient estate administration justified such an order.

As a result of the court's decision, new trustees were appointed, and they were ordered to indemnify the estate for the costs of the application. This outcome facilitated the efficient administration of the estate in accordance with the testator's intentions.