Land And Conveyancing Law Reform Act 2009

PART 5

Variation of Trusts

23.

Interpretation of Part 5.

23.— In this Part—

“appropriate person”, in relation to a relevant trust, means—

( a) a trustee of, or a beneficiary under, the trust, or

( b) any other person that the court, to which the application concerned under section 24 is made, considers appropriate;

“arrangement”, in relation to a relevant trust, means an arrangement—

( a) varying, revoking or resettling the trust, or

( b) varying, enlarging, adding to or restricting the powers of the trustees under the trust to manage or administer the property the subject of the trust;

“relevant person”, in relation to a relevant trust, means—

( a) a person who has a vested or contingent interest under the trust but who is incapable of assenting to an arrangement by reason of lack of capacity (whether by reason of minority or absence of mental capacity),

( b) an unborn person,

( c) a person whose identity, existence or whereabouts cannot be established by taking reasonable measures, or

( d) a person who has a contingent interest under the trust but who does not fall within paragraph (a) ;

“relevant trust”—

( a) subject to paragraph (b) , means a trust arising, whether before, on or after the commencement of this section, under a will, settlement or other disposition,

( b) does not include—

(i) a trust created for a charitable purpose within the meaning of the Charities Acts 1961 and 1973 and the Charities Act 2009,

(ii) an occupational pension scheme within the meaning of the Pensions Act 1990 established under a trust,

(iii) a trust created by a British statute,

(iv) a trust created by a Saorstát Éireann statute, or

(v) a trust created by an Act of the Oireachtas, whether passed before, on or after the commencement of this section.