Land And Conveyancing Law Reform Act 2009

24.

Jurisdiction of court to vary, etc., trusts.

24.— (1) An appropriate person may make, in respect of a relevant trust, an application to the court for an order to approve an arrangement specified in the application for the benefit of a relevant person specified in the application if the arrangement has been assented to in writing by each other person (if any) who—

( a) is not a relevant person,

( b) is beneficially interested in the trust, and

( c) is capable of assenting to the arrangement.

(2) The court shall not hear an application made to it under subsection (1) in respect of a relevant trust unless it is satisfied that the applicant has given notice in writing of the application—

( a) to the Revenue Commissioners, and

( b) to such persons as may be prescribed by rules of court,

at least 2 weeks before the hearing of the application.

(3) The court may hear an application made to it under subsection (1) otherwise than in public if it considers that it is appropriate to do so.

(4) The court shall determine an application made to it under subsection (1) in respect of a relevant trust—

( a) subject to paragraph (b), by making an order approving the arrangement specified in the application if it is satisfied that the carrying out of the arrangement would be for the benefit of—

(i) the relevant person specified in the application, and

(ii) any other relevant person,

( b) by refusing to make such an order in any case where—

(i) the court is not satisfied as referred to in paragraph (a), or

(ii) the Revenue Commissioners have satisfied the court that the application is substantially motivated by a desire to avoid, or reduce the incidence of, tax.

(5) In determining under subsection (4) whether an arrangement would be for the benefit of a relevant person, the court may have regard to any benefit or detriment, financial or otherwise, that may accrue to that person directly or indirectly in consequence of the arrangement.

(6) Nothing in this section shall be construed as derogating from or affecting the operation of—

( a) the Charities Acts 1961 and 1973 and the Charities Act 2009,

( b) any power of a court, whether under an enactment or rule of law, to—

(i) vary, revoke or resettle a trust (including a relevant trust), or

(ii) vary, enlarge, add to or restrict the powers of the trustees under a trust (including a relevant trust) to manage or administer the property the subject of the trust,

or

( c) any rule of law relating to the termination or revocation of a trust (including a relevant trust).