60(1)An arrangement requires the approval of the court if
(a)
a beneficiary is unable to consent to the arrangement because he or she is
(i)
a minor or otherwise not of full capacity,
(ii)
an unborn person,
(iii)
a person, whether ascertained or not, who has a vested or contingent interest and whose existence or whereabouts cannot be established despite reasonable measures having been taken, or
(iv)
a person who has an interest that may arise by reason of the person being in a class of persons that may benefit from a power of appointment that may or must be exercised by the trustees or any other donee of the power,
(b)
a beneficiary who has full capacity does not consent to an arrangement,
(c)
a beneficiary is a charitable organization that is legally incapable in its own right of consenting to an arrangement, and
(d)
the terms of the trust include a charitable purpose.
60(2)If paragraph (1)(a) applies,
(a)
the application for approval may be made by the trustees or a beneficiary, and
(b)
the court may approve the arrangement if
(i)
the court is satisfied that the arrangement is for the benefit of, or not unfair to, the person referred to in paragraph (1)(a), and
(ii)
the beneficiaries that are of full capacity consent.
60(3)If paragraph (1)(b) applies,
(a)
the application for approval may be made by the trustees or a beneficiary, and
(b)
the court may approve the arrangement if the court is satisfied that
(i)
the arrangement will not be detrimental to the pecuniary interest of the person who has not consented,
(ii)
a substantial majority of the beneficiaries, representing a substantial majority of the beneficial interests in the trust property as determined by the monetary value of those interests, have consented to the arrangement or have had the court approve the arrangement on their behalf under subsection (2), and
(iii)
not approving the arrangement will be detrimental to the administration of the trust and to the interests of the beneficiaries referred to in subparagraph (ii).
60(4)If paragraph (1)(c) or (d) applies,
(a)
the application for approval may be made by the trustees or any other person the court considers has a sufficient interest, and
(b)
the court may approve the arrangement if the court is satisfied that the arrangement is beneficial to, or not unfair to, the charitable organization or the charitable purpose.
60(1)An arrangement requires the approval of the court if
(a)
a beneficiary is unable to consent to the arrangement because he or she is
(i)
a minor or otherwise not of full capacity,
(ii)
an unborn person,
(iii)
a person, whether ascertained or not, who has a vested or contingent interest and whose existence or whereabouts cannot be established despite reasonable measures having been taken, or
(iv)
a person who has an interest that may arise by reason of the person being in a class of persons that may benefit from a power of appointment that may or must be exercised by the trustees or any other donee of the power,
(b)
a beneficiary who has full capacity does not consent to an arrangement,
(c)
a beneficiary is a charitable organization that is legally incapable in its own right of consenting to an arrangement, and
(d)
the terms of the trust include a charitable purpose.
60(2)If paragraph (1)(a) applies,
(a)
the application for approval may be made by the trustees or a beneficiary, and
(b)
the court may approve the arrangement if
(i)
the court is satisfied that the arrangement is for the benefit of, or not unfair to, the person referred to in paragraph (1)(a), and
(ii)
the beneficiaries that are of full capacity consent.
60(3)If paragraph (1)(b) applies,
(a)
the application for approval may be made by the trustees or a beneficiary, and
(b)
the court may approve the arrangement if the court is satisfied that
(i)
the arrangement will not be detrimental to the pecuniary interest of the person who has not consented,
(ii)
a substantial majority of the beneficiaries, representing a substantial majority of the beneficial interests in the trust property as determined by the monetary value of those interests, have consented to the arrangement or have had the court approve the arrangement on their behalf under subsection (2), and
(iii)
not approving the arrangement will be detrimental to the administration of the trust and to the interests of the beneficiaries referred to in subparagraph (ii).
60(4)If paragraph (1)(c) or (d) applies,
(a)
the application for approval may be made by the trustees or any other person the court considers has a sufficient interest, and
(b)
the court may approve the arrangement if the court is satisfied that the arrangement is beneficial to, or not unfair to, the charitable organization or the charitable purpose.