Section 11(3)

Subsection (1) does not apply to a trust created before the commencement of this Act by a disposition, or a trust created after that commencement by reference to such a trust, unless provision to the effect that it is to apply is made by a deed executed— in a case in which the trust was created by one person and he is of full capacity, by that person, or in a case in which the trust was created by more than one person, by such of the persons who created the trust as are alive and of full capacity.

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Source: legislation.gov.uk · retrieved 2026-08-15