sec.50Maintenance of infant beneficiary out of capital

### sec.50 Maintenance of infant beneficiary out of capital Where an infant is entitled to the capital of an estate under administration or any share thereof, the public trustee may, in such manner as the public trustee in the public trustee’s absolute discretion thinks fit, from time to time out of that capital or share pay or apply for the maintenance, education (including past maintenance or education) or benefit of that infant the whole or any part of that capital or share. Money so paid or applied shall be brought into account as part of the share in the estate to which the infant is or becomes absolutely or indefeasibly entitled. However, no payment or application pursuant to this section shall be made so as to prejudice any person entitled to any prior life or other interest, whether vested or contingent, in the money paid or applied unless that person is in existence and of full age and consents in writing to the payment or application, or unless the court, on the application of the public trustee, so orders. The power conferred by this section may be exercised— whether the infant is entitled absolutely or contingently on the infant attaining a specified age or on the occurrence of any other event; and notwithstanding that the interest of such infant is liable to be defeated by the exercise of a power of appointment or revocation, or to be diminished by the increase of the class to which the infant belongs; and whether the infant is entitled in possession or in remainder or in reversion. For the purpose of this section the trustee may raise money by sale, mortgage or exchange of the trust property. (sec.50-ssec.1) Where an infant is entitled to the capital of an estate under administration or any share thereof, the public trustee may, in such manner as the public trustee in the public trustee’s absolute discretion thinks fit, from time to time out of that capital or share pay or apply for the maintenance, education (including past maintenance or education) or benefit of that infant the whole or any part of that capital or share. (sec.50-ssec.2) Money so paid or applied shall be brought into account as part of the share in the estate to which the infant is or becomes absolutely or indefeasibly entitled. (sec.50-ssec.2A) However, no payment or application pursuant to this section shall be made so as to prejudice any person entitled to any prior life or other interest, whether vested or contingent, in the money paid or applied unless that person is in existence and of full age and consents in writing to the payment or application, or unless the court, on the application of the public trustee, so orders. (sec.50-ssec.3) The power conferred by this section may be exercised— whether the infant is entitled absolutely or contingently on the infant attaining a specified age or on the occurrence of any other event; and notwithstanding that the interest of such infant is liable to be defeated by the exercise of a power of appointment or revocation, or to be diminished by the increase of the class to which the infant belongs; and whether the infant is entitled in possession or in remainder or in reversion. (sec.50-ssec.4) For the purpose of this section the trustee may raise money by sale, mortgage or exchange of the trust property. - (a) whether the infant is entitled absolutely or contingently on the infant attaining a specified age or on the occurrence of any other event; and - (b) notwithstanding that the interest of such infant is liable to be defeated by the exercise of a power of appointment or revocation, or to be diminished by the increase of the class to which the infant belongs; and - (c) whether the infant is entitled in possession or in remainder or in reversion.