In the event that an international trust might be declared invalid under this Act, if the Court is satisfied that a beneficiary has not acted in bad faith—
(a) the beneficiary shall have a first and paramount charge over the trust property in an amount equal to the entire costs properly incurred by the beneficiary in the defense of this action or proceedings and not merely such costs as might otherwise be allowed by the Court; and
(b) the international trust shall be declared invalid subject to the payment of proper fees, costs, pre-existing rights, claims and interests of such beneficiary.