Trusts Act 2025
sec.244Dwelling house purchased etc. as residence before commencement
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sec.244 Dwelling house purchased etc. as residence before commencement
This section applies if— before the commencement, a trustee purchased, retained or otherwise secured a dwelling house for a beneficiary to use as a residence under the repealed Act, section 28; and immediately before the commencement— the trustee had not yet made the dwelling house available to the beneficiary to use as a residence; or the beneficiary was using the dwelling house as a residence; or if the beneficiary’s use of the dwelling house had ended—the trustee had retained the dwelling house or an interest or rights in the dwelling house under the repealed Act, section 28(4). Section 75 applies in relation to the dwelling house as if— the dwelling house were a residence bought, retained or otherwise secured by the trustee under section 75(1); and any conditions on which the dwelling house was being made available to the beneficiary immediately before the commencement had been imposed under section 75(2) and (3). (sec.244-ssec.1) This section applies if— before the commencement, a trustee purchased, retained or otherwise secured a dwelling house for a beneficiary to use as a residence under the repealed Act, section 28; and immediately before the commencement— the trustee had not yet made the dwelling house available to the beneficiary to use as a residence; or the beneficiary was using the dwelling house as a residence; or if the beneficiary’s use of the dwelling house had ended—the trustee had retained the dwelling house or an interest or rights in the dwelling house under the repealed Act, section 28(4). (sec.244-ssec.2) Section 75 applies in relation to the dwelling house as if— the dwelling house were a residence bought, retained or otherwise secured by the trustee under section 75(1); and any conditions on which the dwelling house was being made available to the beneficiary immediately before the commencement had been imposed under section 75(2) and (3).
- (a) before the commencement, a trustee purchased, retained or otherwise secured a dwelling house for a beneficiary to use as a residence under the repealed Act, section 28; and
- (b) immediately before the commencement— (i) the trustee had not yet made the dwelling house available to the beneficiary to use as a residence; or (ii) the beneficiary was using the dwelling house as a residence; or (iii) if the beneficiary’s use of the dwelling house had ended—the trustee had retained the dwelling house or an interest or rights in the dwelling house under the repealed Act, section 28(4).
- (i) the trustee had not yet made the dwelling house available to the beneficiary to use as a residence; or
- (ii) the beneficiary was using the dwelling house as a residence; or
- (iii) if the beneficiary’s use of the dwelling house had ended—the trustee had retained the dwelling house or an interest or rights in the dwelling house under the repealed Act, section 28(4).