38. Maintenance, accumulation and advancement

Ill Subject to the terms of the trust, and subject to any prior interest or charges affecting the trust property, where a beneficiary is a minor and whether or 1156

not his interest is a vested interest or an interest which will become vested on attaining the age of majority or a later age or upon the happening of any event, the trustee may fa}

accumulate the income attributable to the interest of such beneficiary pending the attainment of the age of majority of such later age or the happening of such an event;

pay to the parent or guardian or otherwise apply such income or part of it to or for the maintenance, education or other benefit of such beneficiary; or

advance or appropriate to or for the benefit of any such beneficiary such income or part of such income.

The receipt given by a parent or the lawful guardian of a beneficiary who is a minor shall be sufficient discharge to the trustee for a payment made under subsection (1).

Subject to the terms of the trust and to any prior interest or charges affecting the trust' property, the trustee at its discretion may advance or apply for the benefit of a beneficiary any part or !subject to subsections (5) and (6)) all of the trust property prior to the date of the happening of the event upon the happening of which the beneficiary becomes entitled absolutely thereto.

Subject to the terms of the trust, a trustee may appropriate at its discretion trust property in or towards the satisfaction of the interest of a beneficiary in such manner and in accordance with such valuation as the trustee may think fit.

Subject to the terms of the trust, any part of the trust property advanced, applied or appropriated under this section shall be brought into account in determining from time to time the share of the beneficiary in the trust property.

No part of the trust property advanced, applied or appropriated as provided in this section shall exceed the presumptive, contingent or vested share of the beneficiary in the trust property.

No trustee shall be compelled, in any manner, to exercise any discretionary power of maintenance or advancement.