13Mitigation of rule of remorseless construction

13 Mitigation of rule of remorseless construction

(1)  Where a court construes a will or other instrument, whether made before or after the commencement of this Act, and the will or instrument makes a disposition of any property, the court may have regard to the fact that, while under one possible construction the disposition would or might be void by virtue of the rule against perpetuities, 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 any trustee or other person liable for any acts done before the commencement of this Act for which the trustee or person would not have been liable if this Act had not been passed; or

(b) enable any trustee or person to recover any money distributed or paid under any trust, if the trustee or person could not have recovered that money apart from subsection (1) .