45(1)Subject to any interest or charge affecting the trust property, if property is held in trust for an individual, the trustees may do any of the following as they consider reasonable in the circumstances:
(a)
if the individual is a minor, pay all or part of the income earned from the property
(i)
towards the individual’s past, present or future maintenance, education, benefit or advancement in life,
(ii)
to the parent, guardian or other person having custody or control of the individual, to be used for those purposes;
(b)
if the individual has reached the age of majority and does not have an income or capital interest vested in interest and in possession, pay to, or for the benefit of, the individual all or part of the income earned from the property;
(c)
if the individual has a child, spouse or former spouse and the trustees consider the payment to be to the benefit of the individual,
(i)
pay all or part of the income earned from the property towards the child’s past, present or future maintenance, education, benefit or advancement in life,
(ii)
pay to, or for the benefit of, the spouse or former spouse all or part of the income earned from the property.
45(2)The trustees may pay the income earned from the trust property under subsection (1)
(a)
whether the interest of the individual in the trust property is vested or contingent,
(b)
whether or not there is any other fund available for the same purpose, and
(c)
whether or not there is any person required by law to provide for the individual.
45(1)Subject to any interest or charge affecting the trust property, if property is held in trust for an individual, the trustees may do any of the following as they consider reasonable in the circumstances:
(a)
if the individual is a minor, pay all or part of the income earned from the property
(i)
towards the individual’s past, present or future maintenance, education, benefit or advancement in life,
(ii)
to the parent, guardian or other person having custody or control of the individual, to be used for those purposes;
(b)
if the individual has reached the age of majority and does not have an income or capital interest vested in interest and in possession, pay to, or for the benefit of, the individual all or part of the income earned from the property;
(c)
if the individual has a child, spouse or former spouse and the trustees consider the payment to be to the benefit of the individual,
(i)
pay all or part of the income earned from the property towards the child’s past, present or future maintenance, education, benefit or advancement in life,
(ii)
pay to, or for the benefit of, the spouse or former spouse all or part of the income earned from the property.
45(2)The trustees may pay the income earned from the trust property under subsection (1)
(a)
whether the interest of the individual in the trust property is vested or contingent,
(b)
whether or not there is any other fund available for the same purpose, and
(c)
whether or not there is any person required by law to provide for the individual.