IIP or DT - wording of clause within Trust Deed

Trusts Discussion
1

Good afternoon,

I was wondering if anyone here might have a view on the snippet of a deed (below).

Would clause 2. be worded with enough strength to create an IIP? It feels like a DT to me…

deed-snippet-12481
deed-snippet-12481743×500 89.5 KB

2

I think it’s fine.

Clause 2.1 creates an IIP and the power to pay income in 2.2 is “subject to” 2.1 - ie. it can only be exercised if the IIP under 2.1 has come to an end.

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3

Thanks Andrew