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.