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International Trusts Order, 2000 · s 104

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s 104Ascertainment of governing law

In identifying the governing law previously in effect for the purposes of section 103(1)(a}, consideration should first be given to the terms of the trust instrument and to any evidence therein as to the intention of the parties; and the other circumstances of the trust shall be considered only if the terms of the trust instrument fail to provide such evidence as to the intention of the parties.