102Non‑charitable and invalid purposes, inclusion does not invalidate a trust

##### 102. Non‑charitable and invalid purposes, inclusion does not invalidate a trust (1) In this section the term imperfect trust provision means any trust under which some non‑charitable and invalid as well as some charitable purpose or purposes is or are or could be deemed to be included in any of the purposes to or for which an application of the trust property, or any part thereof, is by the trust directed or allowed. (2) A trust shall not be held to be invalid by reason that the trust property is to be held or applied in accordance with an imperfect trust provision. (3) Every trust under which property is to be held or applied in accordance with an imperfect trust provision shall be construed and given effect in the same manner in all respects as if no holding or application of the trust property or any part thereof to or for any non‑charitable and invalid purpose had been or could be deemed to have been so directed or allowed. (4) This section applies to every trust under which property is to be held or applied in accordance with an imperfect trust provision, whether the trust is declared before or after the commencement of this Act; but it does not apply to any trust declared by the will of any testator dying before, or to any other trust declared before, the commencement of this Act, if before the commencement of this Act — (a) the trust has been declared to be invalid by any order or judgment made or given in legal proceedings; or (b) property subject to the imperfect trust provision or income therefrom has been paid or conveyed to, or applied for the benefit of, or set apart for, the persons entitled by reason of the invalidity of the trust.