PROPERTY LAW ACT 1974 - SECT 211
Power to apply to court for declaration as to validity
PROPERTY LAW ACT 1974 - SECT 211
Power to apply to court for declaration as to validity
211 Power to apply to court for declaration as to validity
(1) A trustee of any property, or any person interested under, or on the
invalidity of, a disposition of property, may at any time apply to the court
for a declaration as to the validity, in respect to the rule against
perpetuities, of a disposition of that property.
(2) The court may, on an
application under subsection (1) , make a declaration, on the basis of facts
existing and events that have occurred at the time the declaration is made, as
to the validity or otherwise of the disposition in respect of which the
application is made, but the court shall not make a declaration in respect of
any disposition the validity of which cannot be determined at the time at
which the court is asked to make the declaration.
