Uncertainty a*9
to remoteness. 1954. c. 55, 13.
(2) Where any such question is decided by treating a person as unable to have a child at a particular time, and he or she does so, the Supreme Court may make such order as it thinks fit for placing the persons interested in the property comprised in the disposition, so far as may be just, in the position they would have held if the question had not been so decided.
(3) Subject to subsection (2), where any such question is decided in relation to a disposition by treating a person as able or unable to have a child at a particular time, then he or she shall be so treated for the purpose of any question which may arise on the rule against perpetuities in relation to the same disposition in any subsequent proceedings.
(4) In the foregoing provisions of this section references to having a child are references to begetting or giving birth to a child, but those provisions (except paragraph (b) of subsection (1)) shall apply in relation to the possibility that a person will at any time have a child by adoption, legitimation or other meaos as they apply to his or her ability at that time to beget or give birth to a child.
(1) Where, apart from the provisions of this section and sections 9 and 10. a disposition would be void on the ground that the interest disposed of might not become vested until too remote a time, the disposition shall be treated, until such time (if any) as it becomes established that the vesting must occur, if at all. after the end of the perpetuity period, as if the disposition were not subject to the rule against perpetuities; and its becoming so established shall not affect the validity of anything previously done in relation to the interest disposed of by way of advance- ment, application of intermediate income or otherwise.
(2) Where, apart from the said provisions, a disposition consisting of the conferring of a general power of appointment would be void on the ground that the power might not become exercisable until too remote a time, the disposition shall be treated, until such time (if any) as it becomes established that the power will not be exercisable within the perpetuity period, as if the disposition were not subject to the rule against perpetuities.
(3) Where, apart from the said provisions, a disposition consisting of the conferring of any power, option or other right would be void on the ground that the right might be exercised at too remote a time, the disposition shall be treated as regards any exercise of the right within the perpetuity period as if it were not subject to the rule against perpetuities, and, subject to the said provisions, shall be treated as void for remoteness only if, and so far as, the right is not fully exercised within that period.
5
(4) Where this section applies to a disposition and the duration of the perpetuity period is not determined by virtue of section 6 or subsection (2) of section 14, it shall be determined as follows-
(a) where any persons falling within subsection (5) are individuals ja being and ascertainable at the commence- ment of the perpetuity period the duration of the period shall be determined by reference to their lives and no others, but so that the lives of any description of persons falling within paragraph (b) or (e) of that subsection shall be disregarded if the number of persons of that description is such as to render it impracticable to ascertain the date of death of the survivor,
(b) where there are no lives under paragraph (a) the period
shall be twenty-one years.
(5) The said persons are as follows-
(a) the person by whom the disposition was made;
(8) a person to whom or in whose favour the disposition
was made, that is to say-
(i) in the case of a disposition to a class of persons, any member or potential member of the class;
(ii) in the case of an individual disposition to a person taking only on certain conditions being satisfied, any person as to whom some of the conditions are satisfied and the remainder may in time be satisfied;
(iii) in the case of a special power of appointmeat exercisable in favour of members of a class, any member or potential member of the class;
(iv) in the case of a special power of appointment exercisable in favour of one person only, that person or, where the object of the power is ascertainable only on certain conditions being satisfied, any person as to whom some of the conditions are satisfied and the remainder may in time be satisfied:
(v) in the case of any power, option or other right, the person on whom the right is conferred;
(c) a person having a child or grandchild within sub- paragraphs (i) to (iv) of paragraph (b), or any of whose children or grandchildren, if subsequently born, would by virtue of his or her descent fall within those sub- paragraphs: