Application of rule against perpetuities

I11Application of the rule

1

The rule against perpetuities applies (and applies only) as provided by this section.

2

If an instrument limits property in trust so as to create successive estates or interests the rule applies to each of the estates or interests.

3

If an instrument limits property in trust so as to create an estate or interest which is subject to a condition precedent and which is not one of successive estates or interests, the rule applies to the estate or interest.

4

If an instrument limits property in trust so as to create an estate or interest subject to a condition subsequent the rule applies to—

a

any right of re-entry exercisable if the condition is broken, or

b

any equivalent right exercisable in the case of property other than land if the condition is broken.

5

If an instrument which is a will limits personal property so as to create successive interests under the doctrine of executory bequests, the rule applies to each of the interests.

6

If an instrument creates a power of appointment the rule applies to the power.

7

For the purposes of subsection (2) an estate or interest includes an estate or interest—

a

which arises under a right of reverter on the determination of a determinable fee simple, or

b

which arises under a resulting trust on the determination of a determinable interest.

8

This section has effect subject to the exceptions made by section 2 and to any exceptions made under section 3.

9

In section 4(3) of the Law of Property Act 1925 (c. 20) (rights of entry affecting a legal estate) omit the words from “but” to the end.