53 Procedure for deciding whether presumption applies

The factors that the trustee must consider (for the purposes of sections 51(2)(a) and 52(2)(a)) are the following:

(a)

the nature of the interests in the trust held by the beneficiary and the other beneficiaries of the trust, including the degree and extent of the beneficiary’s interest in the trust and the likelihood of the beneficiary receiving trust property in the future:

(b)

whether the information is subject to personal or commercial confidentiality:

(c)

the expectations and intentions of the settlor at the time of the creation of the trust (if known) as to whether the beneficiaries as a whole and the beneficiary in particular would be given information:

(d)

the age and circumstances of the beneficiary:

(e)

the age and circumstances of the other beneficiaries of the trust:

(f)

the effect on the beneficiary of giving the information:

(g)

the effect on the trustees, other beneficiaries of the trust, and third parties of giving the information:

(h)

in the case of a family trust, the effect of giving the information on—

(i)

relationships within the family:

(ii)

the relationship between the trustees and some or all of the beneficiaries to the detriment of the beneficiaries as a whole:

(i)

in a trust that has a large number of beneficiaries or unascertainable beneficiaries, the practicality of giving information to all beneficiaries or all members of a class of beneficiaries:

(j)

the practicality of imposing restrictions and other safeguards on the use of the information (for example, by way of an undertaking, or restricting who may inspect the documents):

(k)

the practicality of giving some or all of the information to the beneficiary in redacted form:

(l)

if a beneficiary has requested information, the nature and context of the request:

(m)

any other factor that the trustee reasonably considers is relevant to determining whether the presumption applies.