Commentary

9.4 The Perpetuities and Accumulations Act 2009

POWERS OF APPOINTMENT vol 33
| Commentary

9.4 The Perpetuities and Accumulations Act 2009

| Commentary

9.4 The Perpetuities and Accumulations Act 2009

The Perpetuities and Accumulations Act 2009 came into force on 6 April 2010. Section 5 of the 2009 Act provides a mandatory perpetuity period of 125 years which applies to trusts taking effect and wills executed after 5 April 2010. This 125-year period applies automatically and takes precedence over any provisions contained in the trust instrument. In the interests of clarity it is advisable to state the perpetuity period in the settlement’s definitions clause and usually this will also be the period chosen as the ‘trust period’ (ie the period within which the

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