s.87Definitions in this Part
87
Section 87Part 1 — Trusts Act

Definitions in this Part

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

In this Part — “ dispose ” and “ disposition ”, i n relation to property, connote every form of conveyance, transfer, assignment, lease, mortgage, pledge or other transaction by which any legal or equitable interest in property is created, transferred or extinguished; “ formalities ”, in relation to a disposition of property, means the documentary and other actions required generally by the laws of a relevant jurisdiction for all dispositions of like form concerning property of like nature, without regard to —
the fact that the particular disposition is made in trust;
the terms of the trust;
the circumstances of the parties to the disposition; or
any other particular circumstances, but includes any special formalities required by reason that the party effecting the disposition is not of full age, is subject to a mental or bodily infirmity or is a corporation. “ heirship right ” means any right, claim or interest in, against or to property of a person arising, accruing or existing in consequence of, or in anticipation of, that person ’ s death, other than any such right, claim or interest created by will or other voluntary disposition by such person or resulting from an express limitation in the disposition of the property to such person; “ personal relationship ” includes every form of relationship by blood or marriage, including former marriage, and in particular a personal relationship between two persons exists if — (a) one is the child of the other, natural or adopted (whether or not the adoption is recognised by law), legitimate or illegitimate; (b) one is married to the other (whether or not the marriage is recognised by law); (c) one cohabits with the other or so conducts themselves in relation to the other as to give rise in any jurisdiction to any rights, obligations or responsibilities analogous to those of parent and child or husband and wife or civil partner; or (d) personal relationships exist between each of them and a third person, but no change in circumstances causes a personal relationship, once established, to terminate; and “ settlor ”, in relation to a trust, means and includes each and every person who, directly or indirectly, on behalf of themselves or on behalf of any other or others, as owner or as the holder of a power in that behalf, disposes of property to be held in such trust or declares or otherwise creates such trust.

Referenced By