200Mitigation of rule of remorseless construction

200 Mitigation of rule of remorseless construction (1) If a court construes a will or other instrument that makes a disposition of property, the court may have regard to the fact that under one possible construction the disposition would or might be void by virtue of the rule against perpetuities but under another possible construction it would or might be valid. (2) In considering which of those constructions is to be preferred, the court may take into account that the testator would probably have intended the construction under which the disposition would be valid. (3) In the application of this section a court must not: (a) render a trustee or other person liable for an act done before the commencement of this Act for which the trustee or person would not have been liable if this Act had not come into operation; or Law of Property Act 2000 127 (b) enable a trustee or person to recover money distributed or paid under a trust, if the trustee or person could not have recovered the money but for subsection (1). (4) This section applies to wills and other instruments making a disposition of property executed before or after 1 August 1994.