[2025]GCA102 Helen Keith Stewart & Oak Trust & Murray Alexander Craig Stewart & Suntera Private Wealth & HKS2 Limited

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the Court of Appeal held that the Grantor’s clause 30.3 power could not be exercised in favour of an Excluded Person, and therefore the daughter of the deceased could not be granted a general power of appointment. The Court further clarified the nature of the Third-Party Consent Holder’s role, holding that consent must be assessed solely by reference to the interests of those who may benefit under clause 30.