85(1)Subject to this section and to the terms of the trust instrument, if, in the administration of a trust, a question arises that depends on determining whether a person has, had or will have children or other relatives,
(a)
the trustees may proceed on the assumption that a person will not have children when younger than 14 or older than 55, and
(b)
other family relationships may be determined accordingly.
85(2)If there is evidence that a person has or will have children when subsection (1) presumes that he or she will not, the trustees shall consider it.
85(3)If there is evidence that a person will not or cannot have children at a time when subsection (1) presumes that he or she may, the trustees shall consider it.
85(4)If a question is determined in accordance with this section, other related questions in the administration of the trust shall be determined on the same basis.
85(5)If a determination in accordance with this section proves to be incorrect in light of facts that are discovered subsequently or events that occur subsequently, the court may make any order it considers appropriate to protect the right that a person would have had in the trust property if the question had not been determined as it was.
85(6)The possibility that a person may adopt a child is relevant under this section if there is evidence that the person is actively trying to adopt.
85(7)If, in relation to the rule against perpetuities, a question arises as to whether or when a person is able to have children, that question shall be determined in accordance with the provisions of this section relating to whether or when a person will have children.
85(1)Subject to this section and to the terms of the trust instrument, if, in the administration of a trust, a question arises that depends on determining whether a person has, had or will have children or other relatives,
(a)
the trustees may proceed on the assumption that a person will not have children when younger than 14 or older than 55, and
(b)
other family relationships may be determined accordingly.
85(2)If there is evidence that a person has or will have children when subsection (1) presumes that he or she will not, the trustees shall consider it.
85(3)If there is evidence that a person will not or cannot have children at a time when subsection (1) presumes that he or she may, the trustees shall consider it.
85(4)If a question is determined in accordance with this section, other related questions in the administration of the trust shall be determined on the same basis.
85(5)If a determination in accordance with this section proves to be incorrect in light of facts that are discovered subsequently or events that occur subsequently, the court may make any order it considers appropriate to protect the right that a person would have had in the trust property if the question had not been determined as it was.
85(6)The possibility that a person may adopt a child is relevant under this section if there is evidence that the person is actively trying to adopt.
85(7)If, in relation to the rule against perpetuities, a question arises as to whether or when a person is able to have children, that question shall be determined in accordance with the provisions of this section relating to whether or when a person will have children.