Labuan Offshores Trusts Act 1996 · s 46N

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 46NAscertaining wishes of settlor

(1)

Where it is necessary under this Act for the Court or a trustee to ascertain the wishes of the settlor, the provisions of this section shall apply.

(2)

Where the settlor is alive, the settlor shall, where possible and practicable, be consulted as to his wishes.

(3)

Where the settlor is dead, or it is not possible or practicable to consult him, his wishes shall be taken to be–

(a)

such wishes as he has most recently communicated to the trustee; or

(b)

where no wishes have been communicated, such as the

Court, or the trustee in good faith, believes most likely to have been his wishes from the evidence available in respect of the wishes.