41(1)If the trustees are expressly directed by the trust instrument to hold trust property on discretionary allocation trusts, the trustees may allocate receipts and charge outgoings to the income and capital of the trust as the trustees consider just and equitable in the circumstances.

41(2)If the amount of an outgoing charged to the income or capital of the trust under subsection (1) is not equal to the amount paid out of the income or capital in respect of the outgoing, the trustees may allocate an amount between income and capital to recover or reimburse the payment in respect of the outgoing.