S. 38(1) repealed by No. 71/2004 s. 14.
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(2) No duty is chargeable under section 37 in respect of a declaration of trust if—
S. 38(2)(a) amended by No. 58/2003 s. 10.
(a) the Commissioner is satisfied that the declaration of trust has been made because of the breakdown of a marriage or domestic relationship; and
S. 38(2)(b) amended by No. 58/2003 s. 10.
(b) the settlor is or was a party to the marriage or domestic relationship; and
S. 38(2)(c) amended by No. 58/2003 s. 10.
(c) no person other than a party to the marriage or domestic relationship or a child of a party to the marriage or domestic relationship is a beneficiary of the trust.
(3) No duty is chargeable under section 37 in respect of a declaration of trust over property to be held on trust solely for—
(a) a religious, charitable or educational purpose; or
(b) a corporation or body of persons established for a religious, charitable or educational purpose.
S. 38A inserted by No. 31/2008 s. 8.