(1) For the purposes
of this Part, a person who may benefit under a discretionary trust as a result
of the exercise of a power or discretion, or a failure to exercise the power
or discretion, by the trustee or by another person, or by the trustee and
another person, is taken to be a beneficiary of the trust who has a beneficial
interest in respect of more than 50% of the value of the interests in the
trust.
(2) For the purposes
of this Part, 2 or more persons who may benefit under a discretionary trust as
a result of the exercise of a power or discretion, or a failure to exercise
the power or discretion, by the trustee or by another person, or by the
trustee and another person, are taken to be beneficiaries of the trust who
together have a beneficial interest in respect of more than 50% of the value
of the interests in the trust.
[Section 34 amended: No. 32 of 2012 s. 39.]