In Staley v Hill Family Holdings Pty Ltd [2024] QSC 176, the Supreme Court of Queensland addressed the validity of a Deed of Variation executed by the Trustee of a discretionary trust. The case involved competing claims to the role of Appointor after a family dispute emerged following the deaths of the original Appointors, Mr. and Mrs. Hill. The first applicant, Mrs. Kerin Staley, contested the Deed of Variation that purportedly removed her from the position of Appointor and the appointment of another individual in her place. The central question for the court was whether the Trustee had the power to amend the Trust Deed to change the Appointor's identity. On 16 August 2024, Justice Muir ruled that the declarations sought by the applicant were refused. The court determined that the variation power under clause 14.01 of the Trust Deed did encompass the authority to amend the terms of the Trust, including the Appointor's identity, thereby validating the Deed of Variation and maintaining the flexibility intended by the trust structure.
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