Part 1Trusts

Chapter 3Powers and duties of trustees

Apportionment

I125Exercise of power to apportion between or among beneficiaries

1

Except in so far as the trust deed, expressly or by implication, provides otherwise, no exercise by a trustee of a power to apportion funds or other property between or among certain beneficiaries is invalid on the ground only that—

a

an insubstantial, illusory or nominal part is apportioned to (or left to devolve unapportioned upon) one of the beneficiaries, or

b

one of the beneficiaries is not apportioned a part.

2

But subsection (1) is without prejudice to the grounds on which the court may grant a remedy under section 68.

3

This section applies irrespective of when the trust was created.