8Special provisions as to the powers of trustee of money payable to a minor

8 Special provisions as to the powers of trustee of money payable to a minor

(1)  *[Section 8 Subsection (1) amended by S.R. 1977 No. 200, s. 3 and Sched. II ]*Notwithstanding section 6 (6) , the person (in this section referred to as "the trustee") who has the control, on behalf of another person (in this section referred to as "the minor"), of money to which that subsection relates may refuse to pay that money to the minor until the minor attains such age (not exceeding 21 years) as the trustee may determine, if the trustee is of the opinion that it would not be in the minor's best interests if the money were to be paid to him before he attains the age so determined.

(2)  Where the trustee so refuses he shall forthwith give notice in writing of his refusal to the minor, setting out the trustee's reasons for the refusal.

(3)  *[Section 8 Subsection (3) amended by S.R. 1977 No. 200, s. 3 and Sched. I ]*On receipt of a notice under subsection (2) , the minor may take out an originating summons claiming that it would be in the minor's best interests if the trustee were to pay the money to the minor.

(4)  *[Section 8 Subsection (4) amended by S.R. 1977 No. 200, s. 3 and Sched. I ]*An originating summons taken out under subsection (3) is returnable before a judge in chambers and the proceedings thereon shall be in all respects as if the matter for determination were a cause or matter that, before the commencement of the Supreme Court Civil Procedure Act 1932 , would have come before the Supreme Court in its jurisdiction in equity.