Section 96Part 1 — Trusts Act
Application
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A trust or power is subject to this Part, and is described as special, if —
it is created by or on the terms of a written instrument, testamentary or inter vivos ; and
the instrument contains a declaration to the effect that this Part is to apply.
If a trust or power is created by written instrument in exercise of a special power, and the instrument contains no declaration as to the application of this Part, this Part shall, subject to evidence of a contrary intention, be deemed to be intended to apply; and for the purpose of subsection (1) the instrument shall be deemed to contain a declaration to that effect.
A trust or power which does not meet the requirements of subsection (1), and is not deemed to do so by virtue of subsection (2), is an ordinary trust or power and is not subject to this Part.