Article 20 – Validity and invalidity of a Trust
(1) Subject to Article 20(2) and 20(3), a
Trust is valid and enforceable in accordance with its terms.
Trust is invalid to the extent that:
(A) it purports to do anything which is contrary to the laws of the
(B)it is created for the predominant purpose of avoiding obligations under any other law or regulations;
(C) it is created for a purpose in relation to which there is no
Beneficiary unless it complies with Article 22;
(D) its creation was induced by fraud, duress, mistake, undue influence or misrepresentation;
Trust is immoral or contrary to public policy; or
(F) the Terms of the
Trust are so uncertain that its performance is rendered impossible.
(3) Where a
Trust is created for two or more purposes of which some are lawful and others are unlawful:
(A) if those purposes cannot be separated the
Trust is invalid; or
(B) where those purposes can be separated the
QFC Court may declare that the Trust is valid as to the purposes which are lawful; or the Property as to which a Trust is wholly or partially invalid will revert to the Person who provided the Property (or its heirs and successors).
|Amended (as from 24th December 2017).|