New South Wales Consolidated Acts
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TRUSTEE ACT 1925 - SECT 42A
Maintenance for adult beneficiaries
42A Maintenance for adult beneficiaries
(1) If property is held in trust for an adult beneficiary for any kind of
interest, whether vested or contingent or absolute or liable to be divested,
the trustee may pay the beneficiary, or otherwise apply the whole or any part
of the income of the property for or towards the maintenance, education or
benefit of the beneficiary.
(2) This section--
(a) applies only if and to the
extent a contrary intention is not expressed in the instrument, if any,
creating the trust, and
(b) has effect subject to the terms and provisions of
(3) This section extends to trusts created before the
commencement of this section.
(4) In this section--
"adult beneficiary" means a beneficiary who is not an infant.
Sections 43 and 43A make provision for the payment or application of trust
income for or towards the maintenance or education of infant beneficiaries
based on when the instrument creating the trust came into operation.
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