Infants as beneficiaries. Selling property. Trustee Act 1958

A decision was handed down in an interesting case in the South Australian Supreme Court last week. A deceased person had left his estate to his Sons and an infant Grandchild. The Court was approached for permission to sell the property pursuant to Section 63 the South Australian Administration and Probate Act which contains similar  terms to the provisions in the Victorian Trustee Act. The Court is empowered to order that property in a deceased person's estate be sold in any case in which the Court considers that the sale would be for the benefit of  any infant entitled to the property. Most cases turn on whether the sale will actually be for the benefit of the infant concerned or not and it is up to the applicant to demonstrate that it will be for their benefit. Often, the difficulty in maintaining a low income generating property for many years, coupled with capital gains tax problems and the pressing financial needs of the infant will mitigate in favour of such an order being made.
In this case ( In the Estate of John Davi (Deceased) [2011] SASC 95 ) the Court found that the proposed sale of the real estate property in Kensington Park was for the benefit of the infant concerned and exercised its discretion to order the sale accordingly.
Selling and distributing  property prior an infant attaining the age of 18 years may be worth considering in certain limited circumstances where it can be clearly shown to be for the benefit of the infant concerned.