#55 Can a trustee change the appointor?
Update: 2025-09-29
Description
In this episode I discuss the recent Queensland Court of Appeal case Staley v Hill Family Holdings Pty Ltd [2025] QCA 95, which considered the question of whether the trustee can vary a trust deed to change the appointor role, or if the variation is void because it undermines the supremacy of the appointor role and destroys the substratum of the trust. This is a must-listen for any lawyer who prepares deeds of variation or trust succession documents for discretionary trusts and testamentary discretionary trusts.
The cases discussed in this episode are:
- Jenkins v Ellett [2007] QSC 154
- Lutheran Church of Australia South Australia District Incorporated V. Farmers' Co-Operative Executors and Trustees Ltd (1970) 121 Clr 628, 18
- Staley v Hill Family Holdings Pty Ltd [2024] QSC 176
- Staley v Hill Family Holdings Pty Ltd [2025] QCA 95
- Mercanti v Mercanti [2015] WASC 297
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