International Trusts Order, 2000 · s 83

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83.
(1)
Subject to subsection (4){b}, a special trust is not rendered void by uncertainty as to its objects or mode of execution.
(2)
The terms of a special trust may give to the trustee or any other person power to resolve any uncertainty as to its objects or mode of execution.
(3) If a special trust has two or more objects and the trust instrument does not allocate the trust property among them, then if and so far as a contrary intention is not expressed in the trust instrument, and subject to the terms of that instrument, the trustees of the trust have power in their absolute discretion to allocate capital and income among the different purposes of the trust.
(4)
If any uncertainty as to the objects or mode of execution of a special trust or as to the allocation of trust property among its objects cannot be resolved, or has not been resolved pursuant to the terms of the trust, the Court-
{a}
may resolve the uncertainty
(i)
by reforming the trust; or
(ii)
by settling a plan for its administration; or
(iii)
in any other way which the Court considers appropriate; or
{b}
insofar as the objects of the trust are uncertain and the general intent of the trust cannot be found from the admissible evidence as a matter of probability, may declare the trust void.
(5)
This section applies to powers as to trusts.

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s 83

(1)

Subject to subsection (4){b}, a special trust is not rendered void by uncertainty as to its objects or mode of execution.

(2)

The terms of a special trust may give to the trustee or any other person power to resolve any uncertainty as to its objects or mode of execution.

(3)

If a special trust has two or more objects and the trust instrument does not allocate the trust property among them, then if and so far as a contrary intention is not expressed in the trust instrument, and subject to the terms of that instrument, the trustees of the trust have power in their absolute discretion to allocate capital and income among the different purposes of the trust.

(4)

If any uncertainty as to the objects or mode of execution of a special trust or as to the allocation of trust property among its objects cannot be resolved, or has not been resolved pursuant to the terms of the trust, the Court-

{a}

may resolve the uncertainty

(i)

by reforming the trust; or

(ii)

by settling a plan for its administration; or

(iii)

in any other way which the Court considers appropriate; or

{b}

insofar as the objects of the trust are uncertain and the general intent of the trust cannot be found from the admissible evidence as a matter of probability, may declare the trust void.

(5)

This section applies to powers as to trusts.