Victorian Consolidated Legislation

Charities Act 1978 - SECT 7M

Inclusion of non-charitable purposes not to invalidate trust

7M. Inclusion of non-charitable purposes not to invalidate trust



(1) A trust is not to be held to be invalid by reason that some non-charitable
and invalid as well as some charitable purpose or purposes is or are or could
be deemed to be included in any of the purposes to or for which that trust
directs or allows the trust funds or any part of the trust funds to be
applied.

(2) A trust referred to in subsection (1) is to be construed and given effect
to in the same manner in all respects as if no application of the trust funds
or of any part of the trust funds to or for the non-charitable and invalid
purpose had been or should be deemed to have been so directed or allowed.

(3) This section does not apply to a trust declared before, or to the will of
any testator dying before, 26 October 1914.

Note This section re-enacts section 131 of the Property Law Act 1958.
__________________