OpenLegislation

Section 25 Exercise of power to apportion between or among beneficiariesI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Except in so far as the trust deed, expressly or by implication, provides otherwise, no exercise by a trustee of a power to apportion funds or other property between or among certain beneficiaries is invalid on the ground only that—

(a)

an insubstantial, illusory or nominal part is apportioned to (or left to devolve unapportioned upon) one of the beneficiaries, or

(b)

one of the beneficiaries is not apportioned a part.

(2)

But subsection (1) is without prejudice to the grounds on which the court may grant a remedy under section 68.

(3)

This section applies irrespective of when the trust was created.

Annotations

Commencement

I1

S. 25 not in force at Royal Assent, see s. 88(3)