Withdrawn Uniform Acts

Variation of Trusts Act

(1962 Consolidation, page 326)

Authority to approve variation

1. (1) Where property, real or personal, is held on trusts arising before or after the coming into force of this Act under any will, settlement or other disposition, the Supreme Court may, if ait thinks fit, by order approve on behalf of

(a) any person having, directly or indirectly, an interest, whether vested or contingent, under the trusts who by reason if infancy or other incapacity is incapable of assenting;

(b) any person, whether ascertained or not, who may become entitled, directly or indirectly, to an interest under the trusts as being at a future date or on the happening of a future event a person of any specified description or a member of any specified class of persons;

(c) any person unborn; or

(d) any person in respect of any interest of his that may arise by reason of any discretionary power given to anyone on the failure or determination of any existing interest that has not failed or determined,

any arrangement, by whomsoever proposed and whether or not there is any other person beneficially interested who is capable of assenting thereto, varying or revoking all or any of the trusts or enlarging the powers of the trustees of managing or administering any of the property subject to the trusts.

Arrangement must be beneficial

(2) The court shall not approve an arrangement on behalf of any person coming within subsection 1(a), (b) or (c) unless the carrying out thereof appears to be for the benefit of that person.


2. This Act comes into force on the day it receives Royal Assent.

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