Western Australian Current Acts

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PROPERTY LAW ACT 1969 - SECT 104

104 .         Power of Court to make declaration as to validity of limitations

        (1)         A trustee of any property, or any person interested under, or on the invalidity of a limitation of property, may at any time apply to the Court for a declaration as to the validity, in respect of the rule against perpetuities, of a limitation 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 limitation in respect of which the application is made; but the Court shall not make a declaration in respect of any limitation the validity of which cannot be determined at the time at which the Court is asked to make the declaration.



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