Delegation, Powers and Pouring in Wills
The rule in Tatham v Huxtable [1950] HCA 56, (1950) 81 CLR 639, is usually described as the rule that a “testator cannot delegate his testamentary power” (per Kitto J at 653 as subsequently applied in Lutheran Church of Australia South Australian District Inc v Farmers' Co-operative Executors & Trustees Ltd [1970] HCA 12, (1970) 121 CLR 628). The rule has been abolished in most other Australian States and Territories but continues to apply in South Australia.
This session will first focus on the scope of that rule against delegation and what it may mean practically. The session will then seek to explore the bounds of the operation both the rule against delegation and that of effecting testamentary dispositions by a non testamentary instrument in the creation of flexible testamentary trusts and trusts that provide for the disposition of the estate property in favour of other trusts.
This session will first focus on the scope of that rule against delegation and what it may mean practically. The session will then seek to explore the bounds of the operation both the rule against delegation and that of effecting testamentary dispositions by a non testamentary instrument in the creation of flexible testamentary trusts and trusts that provide for the disposition of the estate property in favour of other trusts.
Tuesday 26 August 2025 5:30 PM - 7:30 PM (UTC+09:30)
Location
Naval, Military & Air Force Club of South Australia
111 Hutt Street, Adelaide SA 5000
Contact Details
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Delegation, Powers and Pouring in Wills
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