NTIn ForceAct
Trustee Act 1893
21APower to apply to Supreme Court for declaration as to validity,
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21A Power to apply to Supreme Court for declaration as to validity,
&c.
(1) An executor or trustee of property, or a person interested under, or
in the invalidity of, a disposition of property, whether made before or
Proclamation in the Government Gazette 16
after the commencement of this section, may at any time apply to
the Supreme Court for a declaration as to the validity, in respect of
the rule against perpetuities, of the disposition.
(2) The Supreme Court may, on an application under subsection (1),
make a declaration, having regard to facts existing and events that
have occurred at the time the declaration is made, as to the validity
or otherwise of the disposition in respect of which the application is
made.
(3) The Supreme Court shall not make a declaration under
subsection (2) in respect of a disposition the validity of which
cannot be determined at the time the Court is asked to make the
declaration.
(4) If the Supreme Court refuses to make a declaration under
subsection (2) relating to a disposition, it may give such directions
as it thinks fit on:
(a) the construction of the instrument by which the disposition is
made;
(b) the determination of a person who is a measuring life for the
purposes of the disposition;
(c) whether a person who is a measuring life is to be presumed
dead;
(d) whether, before the determination of the perpetuity period
applicable to the disposition, an interest is to be treated as
incapable of vesting during the period; and/or
(e) any other matter on which an application could properly be
made to the Court apart from under this Act.