International Trusts Order, 2000 · As enacted · Part IX
76. Application of Part IX
Official textFrom Attorney General's Chambers, unchanged
A trust or power is subject to this Part and is described as a special trust, if
trust
"trust" means an international trust except where the context otherwise requires;
{a)
at the creation of the. trust or (if later) when it first becomes subject to the law of Brunei Darussalam the settlor does not reside in
settlor
"settlor" includes the testator where trusts are declared by will or codicil;
Brunei Darussalam; and
{b)
the trust instrument (or an instrument under which the trust first becomes subject to the law of Brunei Darussalam) provides that that the trust is to be a special trust for the purposes of this Order.
trust instrument
"trust instrument" means the written testamentary or other instrument if any by which, or on the terms of which, the trust is created (including any subsequent instruments affecting the terms or administration of the trust) or where the trust was not created by, or on the terms of, any written instrument refers to any trust instrument evidencing an oral declaration creating the trust. Application and restrictions.
Paragraphs fa), (b) aud (c) of section 69(2) apply for the purposes of paragraph {b) of subsection 11).
1176
If a trust or power is created by a written instrument in exercise of a special power, and the instrument contains no declaration as to the application of this Part, this Part shall, subject to evidence of a contrary intention, be deemed to be intended to apply; and for the purposes of subsection ! 1) the instrument shall be deemed to contain a declaration to that effect.
instrument
"instrument" includes a written law and an instrument made under such law;
A trust or power that does not meet the requirements of subsections (1)
and (2). and is not deemed to do so by virtue subsection (3), is not a special trust or power and is not subject to this Part.
special trust
"special trust" or "special power" means a trust or power that under section 76 is subject to Part IX of this Order;
Terms defined in s 2
instrument
Defined · s 2"instrument" includes a written law and an instrument made under such law;
settlor
Defined · s 2"settlor" includes the testator where trusts are declared by will or codicil;
special power
Defined · s 2"special trust" or "special power" means a trust or power that under section 76 is subject to Part IX of this Order;
special trust
Defined · s 2"special trust" or "special power" means a trust or power that under section 76 is subject to Part IX of this Order;
trust
Defined · s 2"trust" means an international trust except where the context otherwise requires;
trust instrument
Defined · s 2"trust instrument" means the written testamentary or other instrument if any by which, or on the terms of which, the trust is created (including any subsequent instruments affecting the terms or administration of the trust) or where the trust was not created by, or on the terms of, any written instrument refers to any trust instrument evidencing an oral declaration creating the trust. Application and restrictions.