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PROPERTY LAW ACT 1974 - SECT 213
Reduction of age and exclusion of class members to avoid remoteness
213 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 18 years and it is apparent at
the time the disposition is made or becomes apparent at a subsequent time—
(a) that the disposition would apart from this section be void for remoteness;
but
(b) that it would not be so void if the specified age had been 18 years;
the disposition shall 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 which would if specified instead,
have prevented the disposition from being so void.
(2) Where in the case of
any disposition different ages exceeding 18 years are specified in relation to
different persons— (a) the reference in subsection (1) (b) to the specified
age shall be construed as a reference to all the specified ages; and
(b) that
subsection shall operate to reduce each such age so far as is necessary to
save the disposition from being void for remoteness.
(3) Where the inclusion
of any persons being potential members of a class or unborn persons who at
birth would become members or potential members of the class prevents
subsections (1) and (2) from operating to save a disposition from being void
for remoteness, those persons shall be deemed for all the purposes of the
disposition to be excluded from the class and subsections (1) and (2) shall
have effect accordingly.
(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 apart from this subsection
the inclusion of any persons, being potential members of a class or unborn
persons who at birth could become members or potential members of the class
would cause the disposition to be treated as void for remoteness, those
persons shall unless their exclusion would exhaust the class be deemed for all
the purposes of the disposition to be excluded from the class.
(5) Where this
section has effect in relation to a disposition to which section 210 applies
the operation of this section shall not affect the validity of anything
previously done in relation to the interest disposed of by way of advancement,
application of intermediate income or otherwise.
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