Reduction of age and exclusion of class members to avoid remoteness. 1964, 4. 13, 14.
(d) any person on the failure or determination of whose prior
interest the disposition is limited to take effect.
9. (1) Where a disposition is limited by reference to the attainment by any person or persons of a specified age exceeding twenty-one years, and it is apparent at the time the disposition is made or becomes apparent at a subsequent time-
(a) that the disposition would, apart from this section, be
void for remoteness, but
(b) that it would not be so void if the specified age had
been twenty-one years.
the disposition shall be treated for all purposes as if, instead of being limited by reference to the age in fact specified, it had been limited by reference to the age nearest to that age which would, if specified instead, have prevented the disposition from being so void.
(2) Where in the case of any disposition different ages exceeding twenty-one years are specified in relation to different persons-
(a) the reference in paragraph (b) of subsection (1) to the specified age shall be construed as a reference to all the specified ages, and
(b) that subsection shall operate to reduce cach such age so far as is necessary to save the disposition from being void for remoteness.
(3) Where the inclusion of any persons, being potential members of a class or unborn persons who at birth would become members or potential members of the class, prevents the foregoing provisions of this section from operating to save a disposition from being void for remoteness, those persons shall thenceforth be deemed for all the purposes of the disposition to be excluded from the class, and the said provisions shall there- upon have effect accordingly.
(4) Where, in the case of a disposition to which subsection (3) does not apply, it is apparent at the time the disposition is made or becomes apparent at a subsequent time, that apart from this subsection, the inclusion of any persons, being potential members of a class or unborn persons who at birth would become members or potential members of the class, would cause the disposition to be treated as void for remoteness, those persons shall, unless their exclusion would exhaust the class, thenceforth be deemed for all the purposes of the disposition to be excluded from the class.
7
(5) Where this section has effect in relation to a disposition to which section 8 applies, the operation of this section shall not affect the validity of anything previously done in relation to the interest disposed of by way of advancement, application of intermediate income or otherwise.
10. Where a disposition is limited by reference to the time of death of the survivor of a person in being at the commencement of the perpetuity period and any spouse of that person, and that time has not arrived at the end of the perpetuity period, the disposition shall be treated for all purposes, where to do so would save it from being void for remoteness, as if it had instead been limited by reference to the time immediately before the end of that period.
11. A disposition shall not be treated as void for remoteness by reason only that the interest disposed of is ulterior to and dependent upon an interest under a disposition which is so void, and the vesting of an interest shall not be provented from being accelerated on the failure of a prior interest by reason only that the failure arises because of remoteness.
12. For the purposes of the rule against perpetrities, a power of appointment shall be treated as a special power unless- (a) in the instrument creating the power it is expressed to
be exercisable by one person only, and
(b) it could, at all times during its currency when that person is of full age and capacity, be exercised by him so as immediately to transfer to himself the whole of the interest governed by the power without the consent of any other person or compliance with any other con dition, not being a formal condition relating only to the mode of exercise of the power:
Provided that for the purpose of determining whether a disposition made under a power of appointment exercisable by will only is void for remoteness, the power shall be treated as a general power where it would bave fallen to be so treated if exercisable by deed.
13 (1) The rule against perpetuities shall not operate to invalidate a power conferred on trustees or other persons to sell. kcase, exchange or otherwise dispose of any property for full con- sideration, or to do any other act in the administration (as opposed to the distribution) of any property, and shall not prevent the payment to trustees or other persons of reasonable remunera- tion for their services.
Condition relating to death of sur- viving spouse.
1964, &. 35, A5,
Saving and acceleration of expectant înterests.
1964, £. 55, 4, 6.
Powers of appointment, 1964. c. 33, 1. %.
Administrative powers of trustees,
1964, c. 33, a 1.