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Commentary

15 Rule against perpetuities

CHARITIES AND CHARITABLE GIVING vol 6(2)
| Commentary

15 Rule against perpetuities

| Commentary

E: CHARACTERISTICS OF CHARITIES

15 Rule against perpetuities

Charities are not subject to the rule against perpetuities1 with respect to the duration of a trust2. A charitable trust may thus be made to last for any period, whether perpetual or not3, and a perpetual trust must be either charitable or void4. Charities are, however, subject to the rule against remoteness of vesting, so that the charitable interest must vest within the perpetuity period. A gift over from one charity or charitable purpose to another, however, is free from the rules of remoteness5

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