Where the Perpetuities and Accumulations Act 2009 applies to an instrument1, consideration must be given to whether the rule against perpetuities applies at all. The rule only applies as provided for by the Act2. The rule only continues to apply to the following instruments and any estate or interests or the rights and powers created by them of the following descriptions:
(1) an instrument which limits property in trust so as to create successive estates or interests3;
(2) an instrument which limits property in trust so as to create an estate or interest which is subject to a condition
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