Trusts Act 2025
sec.252Appropriation before commencement to pay annuity or periodic payment
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sec.252 Appropriation before commencement to pay annuity or periodic payment
This section applies if, under the repealed Act, section 33(1)(m), a trustee set aside and appropriated out of the trust property and invested a sum to pay an annuity or other periodic payment. The repealed Act, section 33(1)(m)(i) continues to apply to the annuitant as if this Act had not been enacted. Also, if immediately before the commencement, the trustee had not distributed the residue of the trust property and the income from the residue— the repealed Act, section 33(1)(m)(ii) continues to apply to the trustee as if this Act had not been enacted; and if the residue of the trust property is or includes land subject to the provisions of the Land Title Act 1994 or any other Act—the repealed Act, section 33(5) continues to apply as if this Act had not been enacted. (sec.252-ssec.1) This section applies if, under the repealed Act, section 33(1)(m), a trustee set aside and appropriated out of the trust property and invested a sum to pay an annuity or other periodic payment. (sec.252-ssec.2) The repealed Act, section 33(1)(m)(i) continues to apply to the annuitant as if this Act had not been enacted. (sec.252-ssec.3) Also, if immediately before the commencement, the trustee had not distributed the residue of the trust property and the income from the residue— the repealed Act, section 33(1)(m)(ii) continues to apply to the trustee as if this Act had not been enacted; and if the residue of the trust property is or includes land subject to the provisions of the Land Title Act 1994 or any other Act—the repealed Act, section 33(5) continues to apply as if this Act had not been enacted.
- (a) the repealed Act, section 33(1)(m)(ii) continues to apply to the trustee as if this Act had not been enacted; and
- (b) if the residue of the trust property is or includes land subject to the provisions of the Land Title Act 1994 or any other Act—the repealed Act, section 33(5) continues to apply as if this Act had not been enacted.