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s 19

Construction of certain instruments

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Part IVVesting of Trust Property in the Trust

19 Construction of certain instruments

To the extent to which any property that, by a deed, will, or other instrument taking effect on or after the appointed day – is devised, bequeathed, given, granted, released, conveyed, or appointed to the Church or to a person other than the Trust for, or for the benefit of, or in trust for, the Church for the religious, social, educational, or charitable work of the Church; is declared or directed to be held by a person other than the Trust for, or for the benefit of, or in trust for, the Church or the religious, social, educational, or charitable work of the Church; is recoverable by the Church or by a person other than the Trust for the Church; or is payable to, or receivable by, the Church or a person other than the Trust on behalf of the Church or for the religious, social, educational, or charitable work of the Church – that instrument shall be construed and take effect as if the reference in it to the Church or, as the case may be, to that person, were a reference to the Trust.

A deed, will, or other instrument, gift, or other provision in favour of, or relating to, the Methodist Church that comes into effect on or after the appointed day shall be read and construed as if a reference in it to the Methodist Church were a reference to the Church, unless otherwise provided by the context.

Subject to subsection (4), any deed, will, or other instrument, gift, or other provision in favour of, or relating to – the Congregational Church that comes into effect on or after the appointed day shall be read and construed as if a reference in it to the Congregational Church; or an additional congregation that has been admitted to membership of the Church after the appointed day shall, if it comes into operation after the date of that admission, be read and construed as if a reference in it to that additional congregation – were a reference to the Church, unless otherwise provided by the context.

Where an individual Congregational Church has not resolved to enter into the union authorized by this Act and has not been admitted to membership of the Church, nothing in subsection (3) affects or prejudices any deed, will, or other instrument, gift, or other provision in favour of that individual Congregational Church by a person who is, or claims to be, a member of that Church at the time when the provision comes into effect.

Notwithstanding subsection (4), a special trust for a particular purpose of, or relating to, the Congregational Church shall be read and construed as vesting the property concerned in the Trust for that purpose if it is, at the time of the trust coming into effect, being carried on solely by the Church.

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