Perpetuities and Accumulations Act 2009
2009 CHAPTER 18
Commentary on Sections
Perpetuities: miscellaneous
Section 9: Saving and acceleration of expectant interests
57.Section 9 replicates the effect of section 6 of the 1964 Act. Subsection (1) provides that, where an estate or interest is void for remoteness, an estate or interest ulterior (or subsequent) to, and dependent on, the void estate or interest is not void for remoteness simply for that reason. This deals with the technical problem that, at common law, if a disposition was void for perpetuity, a subsequent disposition that depended on it was also void.
58.Subsection (2) provides that, where a prior disposition is void for remoteness, the subsequent interest may take effect earlier than it otherwise would have done (though it can do so only if any other conditions attached to it have been fulfilled).
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