Commentary

9.1 Effect of the rule against perpetuities

POWERS OF APPOINTMENT vol 33
| Commentary

9.1 Effect of the rule against perpetuities

| Commentary

9 The rule against perpetuities

9.1 Effect of the rule against perpetuities

In determining whether a disposition resulting from the exercise of a power is void by reason of the rule against perpetuities, it is important to ascertain: (a) the date from which the perpetuity period is calculated and (b) the length of the perpetuity period. In the case of a general power of appointment the rule against perpetuities operates (and therefore the period begins to run) from the date of the exercise of the power1. In respect of a special power of appointment (and power of advancement),

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