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Report No. 17

86. Section 78.-

Objection has been taken to the statement in section 78 that a trust created by a Will may be revoked by the testator, on the ground that it is an elementary principle of law that a will being ambulatory in effect can be revoked by the testator any time before his death. Probably it was intended to make sure of the law in 1882 when things were not so clear as they are now. It may, however, be modified in a suitable manner. Similarly, it would be better to state in clause (c) the proposition in a positive form rather than in the negative. A trust in favour of creditors becomes operative once it has been communicated, and before that it will be imperfect and can be revoked at any time.

87. Section 79.- No change.

Trusts Act, 1882 Back

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