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CHARITABLE TRUSTS (VALIDATION) ACT (NORTHERN IRELAND) 1954 - SECT 3

Savings for adverse claims, etc.

3.(1) Subject to the next following sub-section, where a disposition to which
this Act applies was made before, and is not confirmed after, the commencement
of this Act, the foregoing sections shall not prejudice a person's right, by
reason of the invalidity of the disposition, to property comprised in, or
representing that comprised in, the disposition as against the persons
administering the imperfect trust provision or the persons on whose behalf
they do so, unless the right accrued to him or some person through whom he
claims more than six years before the sixteenth day of December, nineteen
hundred and fifty-two; but the persons administering the
imperfect trust provision, and any trustee for them or for the persons on
whose behalf they do so, shall be entitled, as against a person whose right to
the property is saved by this sub-section, to deal with the property as if
this sub-section had not been passed, unless they have express notice of a
claim by him to enforce his right to the property.

(2) No proceedings shall be begun by any person to enforce his right to any
property by virtue of the foregoing sub-section after the expiration of one
year beginning with the date of the passing of this Act or the date when the
right first accrues to him or to some person through whom he claims, whichever
is the later, unless the right (before or after its accrual) either

(a)has been concealed by the fraud of some person administering the
imperfect trust provision or his agent; or

(b)has been acknowledged by some such person or his agent by means of a
written acknowledgment given to the person having the right or his agent and
signed by the person making it, or by means of a payment or transfer of
property in respect of the right;

This sub-section shall not be taken as extending the time for bringing any
proceedings beyond the period of limitation prescribed by any other enactment.

(3) For the purposes of the foregoing sub-sections, a right by reason of the
invalidity of a disposition to property comprised in, or representing that
comprised in, the disposition shall not be deemed to accrue to anyone so long
as he is under a disability or has a future interest only, or so long as the
disposition is subject to another disposition made by the same person, and the
whole of the property or the income arising from it is held or applied for the
purposes of that other disposition.

(4) Any provision for the time being in force in Northern Ireland defining the
circumstances in which, for the purposes of the statutes of limitation, a
person is to be deemed to be under a disability or, to claim through another
person, shall apply for the purposes of the foregoing sub-sections as they
apply for the purposes of those Acts.

(5) Where sub-section (1) of this section applies to save a person's right to
property comprised in, or representing that comprised in, a disposition, or
would have so applied but for some dealing with the property by persons
administering the imperfect trust provision, or by any trustee for them or for
the persons on whose behalf they do so, the foregoing sections shall not
prejudice the first-mentioned person's right by virtue of his interest in the
property to damages or other relief in respect of any dealing with the
property by any person administering the imperfect trust provision or by any
such trustee as aforesaid, if the person dealing with the property had at the
time express notice of a claim by him to enforce his right to the property.

(6) A covenant entered into before the commencement of this Act shall not be
enforceable by virtue of this Act unless confirmed by the covenantor after
that commencement, but a disposition made in accordance with such a covenant
shall be treated for the purposes of this Act as confirming the covenant and
any previous disposition made in accordance with it.

© 1954 Crown Copyright

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