Posted: August 23rd, 2016

Apart from possible criminal proceedings against the management of the gallery, is there a basis on which the $348,000 received by the gallery for Trent’s indigenous art collection might be recovered from the Liquidator?

Trustee Seeks Legal Advice The trustee (and executor) of the will has come to your legal firm to express concern about not fully understanding how to implement the provisions of the will (other than in respect of subparagraph 5.5). The trustee is also unsure as to the validity of some parts of the will. Moreover the trustee is concerned to more clearly identify what should be legitimately treated as part of the net estate of Trent Hillier. To illustrate the trustee’s uncertainties these questions were postulated by the trustee: 1. Are any of the gifts made in the will invalid or otherwise deficient? 2. If so, which gifts are invalid or deficient? 3. What is the basis of invalidity or deficiency if any? 4. What, if anything, follows from the possibility of any invalidity or deficiency in respect of any particular gift? 5. Can the $350,000 donation to the Muse Foundation Pty Ltd be questioned? 6. If so, is there any basis on which that money could be recovered from the foundation? 7. Apart from possible criminal proceedings against the management of the gallery, is there a basis on which the $348,000 received by the gallery for Trent’s indigenous art collection might be recovered from the Liquidator? Your Task – In accordance with the terms of reference given previously, write the necessary report for the guidance of your team leader, both in general Assignment LWZ211 S216 Page 9 of 9 terms and specifically in respect of each issue that you might be able to identify (including issues raised by the specific questions listed above).