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TRUSTEE ACT 1925 - SECT 105 Illusory etc share valid in law and equity

TRUSTEE ACT 1925 - SECT 105

Illusory etc share valid in law and equity

    (1)     The exercise of a power of appointment under a trust is valid at law and in equity even if a beneficiary or object is given an insubstantial, nominal or illusory share or an insubstantial, nominal, or illusory share is left unappointed to devolve on a beneficiary or object.

    (2)     This section does not apply to a trust instrument that states the amount of the share or shares from which no beneficiary or object may be excluded.