s.61Saving for other powers
61
Section 61Part 11 — Restrictions, Savings and General Provisions

Saving for other powers

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Nothing in this Law shall take away, abridge or prejudicially affect any power for the time being subsisting under a settlement, or by statute or otherwise, exercisable by a tenant for life, or by trustees with his consent, or on his request, or by his direction or otherwise; and the powers given by this Law are cumulative.
In case of conflict between a settlement and this Law, relative to any matter in respect whereof the tenant for life exercises or contracts or intends to exercise any power under this Law, this Law shall prevail; and notwithstanding anything in the settlement, the consent of the tenant for life shall, by virtue of this Law, be necessary to the exercise by the trustees of the settlement or other person of any power conferred by the settlement exercisable for any purpose provided for in this Law.
If a question arises, or a doubt is entertained, respecting any matter within subsection (1), the Court may, on the application of the trustees of the settlement, the tenant for life or any other person interested, give its decision, opinion, advice or direction thereon.

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