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Words: 1,243 | Submitted: Sun Oct 28 2007
... will vest. Alternatively, the rule against excessive accumulations limits the period during which income under a trust can be accumulated to 21 years and so the trust instrument may specify 'lives in being plus twenty-one years'. Therefore, under the Act, there are two possible perpetuity periods: a specified period of up to 80 years, or a life (or lives) in being plus 21 years. Before the Act, the rule against perpetuities was made up of two parts: a) the perpetuity period was 'lives in being plus a period of 21 years; and b) if a future interest in property was not certain to vest within that period, the trust was deemed void from the outset. So to be valid, it had to be certain that a gift would vest within the perpetuity period. Yet where created after 15th July 1964, that interest will only be void where it must vest ...
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