Commentary

9.3 The Perpetuities and Accumulations Act 1964

POWERS OF APPOINTMENT vol 33
| Commentary

9.3 The Perpetuities and Accumulations Act 1964

| Commentary

9.3 The Perpetuities and Accumulations Act 1964

The common law rule was modified by the Perpetuities and Accumulations Act 1964 (‘the 1964 Act’). This applied to general powers exercised by an instrument taking effect on or after 16 July 1964, and to instruments exercising special powers where those powers were created by instruments taking effect on or after that date1. An instrument containing any disposition2could provide that the perpetuity period applicable to the disposition should be equal to a number of years not exceeding 80, rather than any other duration3. As a result, a fixed perpetuity period has become widely

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