The rules of interpretation contained in this section apply (subject to any contrary indication and to Schedule 4) to any instrument so far as it contains a disposition of property.
In applying section 67(1) and (2) to a disposition which depends on the date of birth of a child or children of the adoptive parent or parents, the disposition is to be interpreted as if—
but this does not affect any reference to a person’s age.
Examples of phrases in wills on which subsection (2) can operate are—
- Children of A “living at my death or born afterwards”.
- Children of A “living at my death or born afterwards before any one of such children for the time being in existence attains a vested interest and who attain the age of 21 years”.
- As in example 1 or 2, but referring to grandchildren of A instead of children of A.
- A for life “until he has a child”, and then to his child or children.
Note. Subsection (2) will not affect the reference to the age of 21 years in example 2.
Section 67(3) does not prejudice—
Where it is necessary to determine for the purposes of a disposition of property effected by an instrument whether a woman can have a child—
In this section, “instrument” includes a private Act settling property, but not any other enactment.