| Commentary

9.2 The common law rule

| Commentary

9.2 The common law rule

In the case of instruments creating powers of appointment which took effect before 16 July 1964, the old common law rule against perpetuities applied, whereby every limitation of property, unless it depended on an estate tail, had, in order to be valid, to be such that the estate or interest so limited would vest, if at all, within a life or lives in being at the date of its creation and 21 years thereafter1.

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