In the Estate of Constantinou

Dalton J applied the Trusts (Hague Convention) Act 1991 (Cth) which adopts the Hague Convention on trusts, to the effect that the law of the will was the law of Papua New Guinea as that was the “implied choice” to be found in the will as well as being the law with which the will had the closest and most real connection.  Questions about whether or not testamentary trusts have come into operation were to be determined by the law of the Grant of Probate.  However, once they come into effect, they are governed by the law of the place with which they are most closely connected but determined as at the time of the creation of the will.