10Provision for class fund

### 10 Provision for class fund > *\[Section 10 Substituted by No. 52 of 1957, s. 8 \]* > > > (1)  Without prejudice to the powers conferred on the Court or a judge under any other provision of this Act, the Court or a judge may order that any amount specified in an order made on an application under [subsection (1)](#GS3@Gs1@EN) of section three shall be set aside out of the estate to which the order relates and held on trust as a class fund for the benefit of two or more persons specified in the order (being persons who are entitled under [section three A](#GS3A@EN) to make an application under that subsection). > > > (2)  Where an amount is ordered to be held on trust as a class fund for any persons, pursuant to this section, that amount shall be invested, and the trustee may – > > > > > > (a) in his discretion but subject to such directions and conditions as the Court or judge may give or impose, apply the income and capital of that amount, or so much thereof as the trustee from time to time thinks fit, for or towards the maintenance or education (including past maintenance or education provided after the death of the deceased person), or the advancement or benefit, of those persons or of any one or more of them to the exclusion of the other or others of them, in such shares and proportions, and generally in such manner, as the trustee thinks fit; and > > > > > > > (b) so apply the income and capital of that amount notwithstanding that only one of those persons remains alive. > > > (3)  For the purposes of this section, the expression ***trustee*** means the executor or administrator of the estate of the deceased person unless the Court or judge appoints any other trustee (whether by the order creating the class fund or subsequently), in which case it means the trustee so appointed. > > > (4)  If the trustee is not the executor or administrator of the estate of the deceased person, the Court or judge may give such directions as it or he thinks fit relating to the payment to the trustee of the amount that is to be held on trust as a class fund, and may exercise any power conferred on the Court by [section forty-seven of the](/view/html/inforce/2026-04-12/act-1898-034#GS47@EN) [Trustee Act 1898](/view/html/inforce/2026-04-12/act-1898-034) , either on the creation of the class fund or at any time during the continuance of the trusts thereof.