22CPrescribed trust—trust instrument not containing express power to give to eligible recipients

#### 22C Prescribed trust—trust instrument not containing express power to give to eligible recipients 22C Prescribed trust—trust instrument not containing express power to give to eligible recipients > > (1) The powers of the trustees of a prescribed trust, whose trust instrument does not contain an express power to do so, include a power to provide money, property or benefits to or for an eligible recipient or for the establishment of an eligible recipient. > > > (2) Subsection (1): > > > > > (a) applies despite any provision to the contrary in the trust instrument, but > > > > > (b) does not apply in relation to a particular eligible recipient or a particular class of eligible recipients to the extent that there is an express prohibition in the trust instrument against the provision by the trustees of money, property or benefits: > > > > > > > (i) to or for that eligible recipient or class of eligible recipients, or > > > > > > > (ii) for the establishment of that eligible recipient or class of eligible recipients. > > > (3) Subsection (1) does not apply to the trustees of a prescribed trust unless there is in force a declaration substantially to the effect of the form in Schedule 1 in respect of the prescribed trust. > > > (4) For the purpose of making a declaration under this section, the form in Schedule 1 may be modified so as to limit the application of the declaration to a specified eligible recipient or specified class of eligible recipients. If the declaration made in respect of a prescribed trust is so limited, subsection (1) in its application to the prescribed trust has effect only in relation to the specified eligible recipient or specified class of eligible recipients. > > > (5) The trustees must ensure that the declaration, or a certified copy of it, is retained with the records of the prescribed trust. > > > (6) The trustees are not under a duty to make a declaration under this section, nor are the trustees in breach of a duty in making a declaration under this section. > > **pt 4A (ss 22A–22D):** Ins 2006 No 100, Sch 1 \[1\].