Queensland Consolidated Acts

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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.



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