Western Australian Current Acts Western Australian Current Acts (1) The Court may, if
it thinks fit, order that an amount specified in the order shall be set aside
out of the estate and held on trust as a class fund for the benefit of 2 or
more persons specified in the order, being persons for whom provision may be
made under this Act.
(2) Where an amount is
ordered to be held on trust as a class fund for any persons under subsection
(1), that amount shall be invested and the trustee may at his discretion, but
subject to such directions and conditions as the Court may give or impose,
apply the income and capital of that amount, or so much thereof as the trustee
from time to time thinks fit, for or towards the maintenance, support or
education (including past maintenance, support or education provided after the
death of the deceased) or the advancement or benefit of those persons, or any
one or more of them to the exclusion of the other or others of them in such
shares and proportions and generally in such manner as the trustee from time
to time thinks fit; and may so apply the income and capital of that amount
notwithstanding that only one of those persons remains alive.
(3) For the purposes
of this section the term trustee means the administrator, unless the Court
appoints any other trustee, whether by the order creating the class fund or
subsequently, in which case it means the trustee so appointed.
(4) If the trustee is
not the administrator, then the Court may give such directions as it thinks
fit relating to the payment to the trustee of the amount which is to be held
on trust as a class fund and may exercise any power under section 89 of the
Trustees Act 1962 , either on the creation of the class fund or from time to
time during the continuance of the trusts thereof.