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Part IV · Trustees of Labuan Trusts

46N. Ascertaining 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.

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