NSWIn ForceAct
Charitable Trusts Act 1993
23Inclusion of non-charitable purpose not to invalidate trust
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#### 23 Inclusion of non-charitable purpose not to invalidate trust
23 Inclusion of non-charitable purpose not to invalidate trust
(cf former s 37D of [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006))
> > (1) A trust is not invalid merely because some non-charitable and invalid purpose as well as some charitable purpose is or could be taken to be included in any of the purposes to or for which an application of the trust property or of any part of it is directed or allowed by the trust.
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> > (2) Any such trust is to be construed and given effect to in the same manner in all respects as if no application of the trust property or of any part of it to or for any such non-charitable and invalid purpose had been or could be taken to have been so directed or allowed.
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> > (3) This section does not apply to any trust declared before, or to the will of any testator dying before, 1 January 1939, being the date of commencement of the [Conveyancing, Trustee and Probate (Amendment) Act 1938](/view/pdf/asmade/act-1938-30).