International Trusts Order, 2000 · As enacted · Part IX
Section 83
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (4){b}, a special trust is not rendered void by uncertainty as to its objects or mode of execution.
special trust
"special trust" or "special power" means a trust or power that under section 76 is subject to Part IX of this Order;
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.
person
"person" includes a natural person, any company or.association or body of persons, corporate or incorporated, including a partnership whether limited, unlimited or an international limited partnership created under the International Partnerships Order, 2000;
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.
trust
"trust" means an international trust except where the context otherwise requires;
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-
property
"property" includes - {a} money, goods, chases in action, land and every descriptions of property1 whether movable or immovable; and (b} obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of, or incident to, any property as defined in paragraph {a}; 1141 17th. JULY, 2000
{a}
may resolve the uncertainty
by reforming the trust; or
by settling a plan for its administration; or
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.
This section applies to powers as to trusts.
Terms defined in s 2
instrument
Defined · s 2"instrument" includes a written law and an instrument made under such law;
person
Defined · s 2"person" includes a natural person, any company or.association or body of persons, corporate or incorporated, including a partnership whether limited, unlimited or an international limited partnership created under the International Partnerships Order, 2000;
property
Defined · s 2"property" includes - {a} money, goods, chases in action, land and every descriptions of property1 whether movable or immovable; and (b} obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of, or incident to, any property as defined in paragraph {a}; 1141 17th. JULY, 2000
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.