Section 103Part 1 — Trusts Act
Uncertainty
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Subject to subsection (4), a special trust is not rendered void by uncertainty as to its objects or mode of execution.
The terms of a special trust may give the trustee or any other person power to resolve an uncertainty as to its objects or mode of execution.
If a special trust has multiple objects and there is no allocation of the trust property between them, the trustee, subject to evidence of contrary intention, has discretion to allocate the trust property.
If an uncertainty as to the objects or mode of execution of a special trust cannot be resolved, or has not been resolved pursuant to the terms of the trust, the court —
may resolve the uncertainty —
by reforming the trust;
by settling a plan for its administration; or
in any other way which the court deems appropriate; or
insofar as the objects of the trust are uncertain and the general intent of the trust cannot be found from the admissible evidence as a matter of probability, may declare the trust void.
This section applies to powers as to trusts.