International Trusts Order, 2000 · As enacted · Part X · Additional Provisions
97. Incorporation by reference
Official textFrom Attorney General's Chambers, unchanged
A trust instrument may incorporate or exclude by reference any of the provisions set out in the Second Schedule, with or without any modifications.
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.
In any such provisions so incorporated, unless a contrary intention appears-
1189
{a}
"Beneficiaries" means persons who are entitled to benefit under the Trust or in whose favour a discretion to distribute capital or income of the Trust Fund may be exercised and "Beneficiary" has a corresponding meaning;
trust
"trust" means an international trust except where the context otherwise requires;
{b)
"the Order" means this Order or any modification or re-enactment of it;
{c)
"the Trust" means the trust governed by the trust instrument;
(d}
"the Trust Fund" means the property of all kinds subject to the trusts of the trust instrument for the time being;
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
(e}
"the Trustees" means the trustees or trustee of the Trust for the time being and ''Trustee" has a corresponding meaning; and
(fJ expressions defined in section 2 have the meanings given to them by that section.
[3)
Powers conferred on the trustees by any provisions incorporated as above shall be in addition and without prejudice to other powers conferred on the trustees by law or by the trust instrument.
Terms defined in s 2
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
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.
Part XI