Perpetuities: miscellaneous

12Pre-commencement instruments: period difficult to ascertain

1

If—

a

an instrument specifies for the purposes of property limited in trust a perpetuity period by reference to the lives of persons in being when the instrument takes effect,

b

the trustees believe that it is difficult or not reasonably practicable for them to ascertain whether the lives have ended and therefore whether the perpetuity period has ended, and

c

they execute a deed stating that they so believe and that subsection (2) is to apply to the instrument,

that subsection applies to the instrument.

2

If this subsection applies to an instrument—

a

the instrument has effect as if it specified a perpetuity period of 100 years (and no other period);

b

the rule against perpetuities has effect as if the only perpetuity period applicable to the instrument were 100 years;

c

sections 6 to 11 of this Act are to be treated as if they applied (and always applied) in relation to the instrument;

d

sections 1 to 12 of the Perpetuities and Accumulations Act 1964 (c. 55) are to be treated as if they did not apply (and never applied) in relation to the instrument.

3

A deed executed under this section cannot be revoked.