QLDIn ForceAct
Trusts Act 1973
sec.122Validation
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### sec.122 Validation
The provision, before the commencement day, by the trustees of a prescribed trust of money, property or benefits to or for an eligible recipient or for the establishment of an eligible recipient—
is taken to be, and always to have been, a provision for an authorised and valid purpose of the prescribed trust; and
does not affect, and is taken never to have affected, the status of the prescribed trust as a charitable trust.
Subsection (1) applies despite anything to the contrary in the trust instrument.
The inclusion of a power referred to in section 108 in the trust instrument of a prescribed trust before the commencement day is taken to be, and always to have been, validly included.
s 122 ins 2009 No. 2 s 86
(sec.122-ssec.1) The provision, before the commencement day, by the trustees of a prescribed trust of money, property or benefits to or for an eligible recipient or for the establishment of an eligible recipient— is taken to be, and always to have been, a provision for an authorised and valid purpose of the prescribed trust; and does not affect, and is taken never to have affected, the status of the prescribed trust as a charitable trust.
(sec.122-ssec.2) Subsection (1) applies despite anything to the contrary in the trust instrument.
(sec.122-ssec.3) The inclusion of a power referred to in section 108 in the trust instrument of a prescribed trust before the commencement day is taken to be, and always to have been, validly included.
- (a) is taken to be, and always to have been, a provision for an authorised and valid purpose of the prescribed trust; and
- (b) does not affect, and is taken never to have affected, the status of the prescribed trust as a charitable trust.