4Instruments executed and intestacies which take place before the commencement of this Act

### 4 Instruments executed and intestacies which take place before the commencement of this Act > > (1)  All instruments executed before the commencement of this Act shall be governed by the enactments, rules of construction, and law which would have applied to them if this Act had not been passed. > > > (2)  Where an instrument to which [subsection (1)](#GS4@Gs1@EN) applies creates a special power of appointment nothing in this Act shall extend the class of persons in whose favour the appointment may be made or cause the exercise of the power to be construed so as to include any person who was not at the time of the creation of the instrument a member of that class. > > > (3)  The estate of a person who dies intestate as to the whole or any part of his estate before the commencement of this Act shall be distributed in accordance with the enactments and rules of law which would have applied to the estate if this Act had not been passed.