24Cy-près modification in certain cases

24 Cy-près modification in certain cases

(1)  Subject to this section, where –

(a) the Supreme Court has, under section 23 , declared a disposition of property to be invalid; or

(b) it appears to the Court that a disposition, whether made before or after the commencement of this Act, would be invalid solely on the ground that it conflicts with the rule against perpetuities –

and the general intentions originally governing the disposition can be ascertained, the Supreme Court must reform the disposition so as to give effect as far as possible to those general intentions within the limits permitted under the rule against perpetuities as affected by this Act.

(2)  A disposition of property that was made before the commencement of this Act is not to be reformed under subsection (1) –

(a) if the disposition has been declared invalid before that commencement by an order or judgment made or given in legal proceedings; or

(b) if any property comprised in the disposition has, before that commencement, been paid or transferred to, or applied for the benefit of, or set apart for, a person entitled by reason of the invalidity of the disposition; or

(c) so as to prejudice a person who has, before that commencement, reasonably altered his or her position in reliance on the invalidity of the disposition if, in the opinion of the Supreme Court, having regard to all possible implications in respect of other persons, it is inequitable to reform the disposition wholly or in part.

(3)  In hearing an application to reform a disposition under this section, the Supreme Court –

(a) may admit extrinsic evidence of the general intentions originally governing the disposition and must apply liberal rules of construction for the purpose of ascertaining them; and

(b) must have no regard to the rights of any person other than –

(i) a person born or en ventre sa mère when the disposition was made; and

(ii) a person entitled on the death of any such person –

and in reforming the disposition the Supreme Court may specify the perpetuity period in accordance with .