Section 65 — Trusts Act 2019: Trustee may impose conditions on payment for beneficiary’s welfare

65 Trustee may impose conditions on payment for beneficiary’s welfare (1) A trustee exercising a power to pay or apply an amount of income or capital for the welfare of a beneficiary may impose 1 or more conditions. (2) A condition may require the repayment of the amount, payment of interest on the amount, or giving security for the amount. (3) At any time after imposing a condition, the trustee may, either wholly or in part, waive the condition, or release an obligation undertaken or any security given because of the condition. (4) A trustee, when imposing a condition about giving security, is not affected by any restriction on the investment of trust property, whether imposed under this Act or otherwise. (5) When working out the amount of income or capital that a trustee who has imposed a condition may pay or apply, an amount repaid to the trustee or recovered by the trustee is taken not to have been paid or applied by the trustee. Compare: 1956 No 61 s 41A ; Draft Trusts Bill 2013 cls 101, 102 (Qld)