Cap. 29activeordinance

Trustee Ordinance

受託人條例

Full legislation

s.27A

Validation of appointments where objects are excluded or take illusory shares

(1)
An appointment made in exercise of a power to appoint property among 2 or more
objects—
(a)
shall not be invalid on the ground
that—
(i)
an unsubstantial, illusory or nominal share only is appointed to or left unappointed to devolve upon any 1 or more of those objects; or
(ii)
any object of the power is thereby altogether excluded;
(b)
shall be valid notwithstanding that any 1 or more of those objects is not thereby, or in default of appointment, to take any share in the property.
(2)
Subsection (1) shall not operate to affect any
provision—
(a)
in the instrument which creates the power referred to in that subsection; and
(b)
which declares the amount of any share from which any object referred to in that subsection is not to be excluded.