Full legislation
s.41X
Reserve power of settlor
(1) A trust is not invalid only because of the person creating the trust ( the settlor ) reserving to the settlor any or all powers of investment or asset management functions under the trust. (2) If a power or function referred to in subsection (1) has been reserved by the settlor, a trustee who acts in accordance with the exercise of the power or function is not in breach of the trust. (3) If a trust was declared invalid by the court before the commencement date # of the 2013 amending Ordinance, subsection (1) does not operate to revive the invalid trust on or after that date. (4) Subject to subsection (3), if the validity of a trust (whenever created) is being questioned, the court may take into account subsection (1) in determining the validity.