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.