Trusts Act 2025
sec.89Interested person may apply to vary proposed appropriation or waive right to apply
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sec.89 Interested person may apply to vary proposed appropriation or waive right to apply
An interested person who is given notice under section 88 of a proposed appropriation may— make an application to the court to vary the proposed appropriation (a variation application ); or by written notice given to the trustee at any time, waive the interested person’s right to make a variation application. Subject to subsections (3) and (4) , a variation application must be started within 2 months after the day the interested person is given notice of the proposed appropriation. The interested person may, by written notice given to the trustee within the period mentioned in subsection (2) , shorten the period that would otherwise apply under subsection (2) to the shorter period stated in the notice. The court may, on application (an extension application ) made by the interested person at any time, allow a variation application to be started within a longer period. The court may make the orders it considers appropriate in relation to a variation application or an extension application. This section applies subject to section 91 . (sec.89-ssec.1) An interested person who is given notice under section 88 of a proposed appropriation may— make an application to the court to vary the proposed appropriation (a variation application ); or by written notice given to the trustee at any time, waive the interested person’s right to make a variation application. (sec.89-ssec.2) Subject to subsections (3) and (4) , a variation application must be started within 2 months after the day the interested person is given notice of the proposed appropriation. (sec.89-ssec.3) The interested person may, by written notice given to the trustee within the period mentioned in subsection (2) , shorten the period that would otherwise apply under subsection (2) to the shorter period stated in the notice. (sec.89-ssec.4) The court may, on application (an extension application ) made by the interested person at any time, allow a variation application to be started within a longer period. (sec.89-ssec.5) The court may make the orders it considers appropriate in relation to a variation application or an extension application. (sec.89-ssec.6) This section applies subject to section 91 .
- (a) make an application to the court to vary the proposed appropriation (a variation application ); or
- (b) by written notice given to the trustee at any time, waive the interested person’s right to make a variation application.