At common law, in considering the validity of any limitation, the court could look at evidence of facts existing when the instrument came into operation1, but not at evidence of what actually took place after that time, or at evidence of opinion of probability of even the highest degree2. Accordingly, no evidence could be given that a woman was past child-bearing; nor would the court draw such an inference, however advanced her age3.
However, in relation to instruments to which the Perpetuities and Accumulations Act 1964 applies4,
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