sec.214Prescribed trust—trust instrument not containing express power to give to eligible recipients

sec.214 Prescribed trust—trust instrument not containing express power to give to eligible recipients

This section applies if the trust instrument for a prescribed trust does not include an express power mentioned in section 213 (1) . The trustees’ powers for the prescribed trust include the power to provide money, property or benefits— to or for an eligible recipient; or for the establishment of an eligible recipient. The power conferred under subsection (2) in relation to the prescribed trust is a prescribed power for the trust. Subsection (2) — applies despite any provision to the contrary in the trust instrument; but does not apply in relation to a particular eligible recipient, or to eligible recipients of a particular class, to the extent there is an express prohibition in the trust instrument against the provision by the trustees of money, property or benefits— to or for that eligible recipient or eligible recipients of that class; or for the establishment of that eligible recipient or eligible recipients of that class. (sec.214-ssec.1) This section applies if the trust instrument for a prescribed trust does not include an express power mentioned in section 213 (1) . (sec.214-ssec.2) The trustees’ powers for the prescribed trust include the power to provide money, property or benefits— to or for an eligible recipient; or for the establishment of an eligible recipient. (sec.214-ssec.3) The power conferred under subsection (2) in relation to the prescribed trust is a prescribed power for the trust. (sec.214-ssec.4) Subsection (2) — applies despite any provision to the contrary in the trust instrument; but does not apply in relation to a particular eligible recipient, or to eligible recipients of a particular class, to the extent there is an express prohibition in the trust instrument against the provision by the trustees of money, property or benefits— to or for that eligible recipient or eligible recipients of that class; or for the establishment of that eligible recipient or eligible recipients of that class.

• (a) to or for an eligible recipient; or
• (b) for the establishment of an eligible recipient.
• (a) applies despite any provision to the contrary in the trust instrument; but
• (b) does not apply in relation to a particular eligible recipient, or to eligible recipients of a particular class, to the extent there is an express prohibition in the trust instrument against the provision by the trustees of money, property or benefits— (i) to or for that eligible recipient or eligible recipients of that class; or (ii) for the establishment of that eligible recipient or eligible recipients of that class.
• (i) to or for that eligible recipient or eligible recipients of that class; or
• (ii) for the establishment of that eligible recipient or eligible recipients of that class.