11Reduction of age and exclusion of class members to avoid remoteness

11 Reduction of age and exclusion of class members to avoid remoteness

(1)  Where a disposition is limited by reference to the attainment by any person or persons of a specified age exceeding 21 years and it is apparent at the time the disposition is made or becomes apparent at a subsequent time –

(a) that the disposition would, but for this section, be void for remoteness; and

(b) that it would not be so void if the specified age had been 21 years –

the disposition is to 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 that would, if specified instead, have prevented the disposition from being void for remoteness.

(2)  Where, in the case of any disposition, different ages exceeding 21 years are specified in relation to different persons –

(a) the reference in subsection (1) (b) to the specified age is to be construed as a reference to all the specified ages; and

(b) subsection (1) operates to reduce each such age so far as is necessary to save the disposition from being void for remoteness.

(3)  Where the inclusion of –

(a) a person who is a potential member of a class; or

(b) an unborn person who at birth would become a member or potential member of a class –

would prevent this section from operating to save a disposition from being void for remoteness, that person is to be treated as excluded from the class for all the purposes of the disposition.

(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, but for this subsection, the inclusion of –

(a) a person who is a potential member of a class; or

(b) an unborn person who at birth could become a member or potential member of a class –

would cause the disposition to be treated as void for remoteness, that person, unless his or her exclusion would exhaust the class, is to be treated for all the purposes of the disposition as excluded from the class.