sec.194Inclusion of non-charitable and invalid purpose not to invalidate trust

sec.194 Inclusion of non-charitable and invalid purpose not to invalidate trust

This section applies if, under a trust, the purposes for which the trust property is directed or allowed to be applied include, or could be taken to include, both a charitable purpose and a non-charitable and invalid purpose. The trust— is not invalid only because of the inclusion of the non-charitable and invalid purpose; and is to be construed, and has effect, as if the trust did not direct or allow the trust property to be applied for the non-charitable and invalid purpose. This section does not apply in relation to a trust declared before, or to the will of a testator dying before, 1 July 1973. (sec.194-ssec.1) This section applies if, under a trust, the purposes for which the trust property is directed or allowed to be applied include, or could be taken to include, both a charitable purpose and a non-charitable and invalid purpose. (sec.194-ssec.2) The trust— is not invalid only because of the inclusion of the non-charitable and invalid purpose; and is to be construed, and has effect, as if the trust did not direct or allow the trust property to be applied for the non-charitable and invalid purpose. (sec.194-ssec.3) This section does not apply in relation to a trust declared before, or to the will of a testator dying before, 1 July 1973.

• (a) is not invalid only because of the inclusion of the non-charitable and invalid purpose; and
• (b) is to be construed, and has effect, as if the trust did not direct or allow the trust property to be applied for the non-charitable and invalid purpose.