NTIn ForceAct
Trustee Act 1893
10APower to purchase dwelling house as residence for beneficiary
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10A Power to purchase dwelling house as residence for beneficiary
(1) Subject to the instrument creating the trust, a trustee may:
(a) purchase a dwelling house for a beneficiary to use as a
residence; or
(b) enter into any other agreement or arrangement to secure for a
beneficiary a right to use a dwelling house as a residence.
(2) Notwithstanding the terms of the instrument creating the trust, a
trustee may, if to do so would not unfairly prejudice the interests of
other beneficiaries, retain as part of the trust property a dwelling
house for a beneficiary to use as a residence.
(3) A dwelling house purchased, retained or otherwise secured for use
by the beneficiary as a residence may be made available to the
beneficiary for that purpose on such terms and conditions
consistent with the trust and the extent of the beneficiary's interest
as the trustee thinks fit.
(4) The trustee may retain a dwelling house or any interest or rights in
respect of a dwelling house acquired under this section after the
use of the dwelling house by the beneficiary has ceased.
(5) In this section, dwelling house includes:
(a) any building or part of a building designed, or converted or
capable of being converted, for use as a residence; and
(b) any amenities or facilities for use in association with the use of
a dwelling house.