Singapore legislation
Section 35
Section 35
Protective trusts
(1)
Where any income, including an annuity or other periodical income payment, is directed to be held on protective trusts for the benefit of any person (called in this section the principal beneficiary) for the period of the person’s life or for any less period, then, during the period (called in this section the trust period) such income must, without prejudice to any prior interest, be held on the following trusts:
upon trust for the principal beneficiary during the trust period or until the principal beneficiary, whether before or after the termination of any prior interest, does or attempts to do or suffers any act or thing, or until any event happens, other than an advance under any statutory or express power, whereby, if the income were payable during the trust period to the principal beneficiary absolutely during that period, the principal beneficiary would be deprived of the right to receive the same or any part of it, in any of which cases, as well as on the termination of the trust period, whichever first happens, this trust of the income fails or determines;
if the trust referred to in paragraph (a) fails or determines during the subsistence of the trust period, then, during the residue of that period, the income must be held upon trust to be applied for the maintenance or support, or otherwise for the benefit, of all or any one or more exclusively of the other or others of the following persons as the trustees in their absolute discretion, without being liable to account for the exercise of their discretion, think fit:
the principal beneficiary and his or her wife or husband (if any) and his or her children or more remote issue, if any; or
if there is no wife or husband or issue of the principal beneficiary in existence, the principal beneficiary and the persons who would, if the principal beneficiary were actually dead, be entitled to the trust property or its income or to the annuity fund (if any) or arrears of the annuity, as the case may be.
(2)
This section does not apply to trusts coming into operation before 1 September 1929 and has effect subject to any variation of the implied trusts aforesaid contained in the instrument creating the trust.
(3)
Nothing in this section operates to validate any trust which would, if contained in the instrument creating the trust, be liable to be set aside.