Sri Lanka Consolidated Acts

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Abolition Of Fideicommissa And Entails Act (No. 20 of 1972) - Sect 5

In the case of successive beneficiaries under a trust, the interest of the present beneficiary to be deemed to be absolute

5. Where under the terms of any trust, whether created before or after the commencement of this Act, there is provision for the succession to the interest of a beneficiary by any other succeeding beneficiary, whether by way of remainder or reversion, upon the happening of some future event, whether such event is certain to happen or not, or upon the expiry of some period of time, then, the interest of the beneficiary in whom the beneficial interest is vested shall be and for all purposes shall be deemed to be absolute, and no other succeeding beneficiary shall have any right to succeed thereto by way of remainder or reversion to such interest: Provided, however, that the preceding provisions of this section shall not apply to charitable trusts as defined in the Trusts Ordinance and to Muslim charitable trusts or wakfs as defined in the Muslim Mosques and Charitable Trusts or Wakfs Act, No. 51 of 1956, or to property held in trust under the pro visions of the Buddhist Temporalities Ordinance or any trust under which the beneficiary in whom the beneficial interest is, on the date of coming into operation of this Act, vested, is-
(a) a person of unsound mind;
(b) a mentally deranged person;
(c) a mentally deficient person; or
(d) a person who is incapacitated due to old age or mental or bodily infirmity or disease.


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