Section 46N
Ascertaining wishes of settlor
of Labuan Offshores Trusts Act 1996
ActIn forceProvision 75 of 94
Section 46N
(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.