76. Postponement Of Possession. | Perpetuities Accumulations | LexisNexis

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76. Postponement of possession.

The rule against perpetuities does not prescribe any limit within which estates and interests must come into possession. The rule does not concern itself with provisions postponing the enjoyment of estates and interests, if those estates and interests must be vested within the proper limits¹.

A limitation subsequent to an estate for life of an unborn person is not invalid under the rule so long as the vesting is not postponed beyond the perpetuity period

(4) Application Of The Rule In General

69. Date from which the period runs.

70. Exercise of special powers.

71. Powers of advancement.

72. Instruments taking effect on or after 6 April 2010.

73. Time for ascertaining the facts.

74. Admissibility of evidence; presumptions and evidence as to future parenthood.

75. Duration of limitations.

76. Postponement of possession.

77. Effect of postponement on validity of gift.

78. Validation of gifts where vesting postponed.

79. Class gifts.

80. Class living at remote event.

81. Class ascertained by description.

82. Class attaining twenty-one.

83. Exclusion of class members to avoid remoteness.

84. Exclusion of class members to avoid remoteness.

85. Individual gifts.

86. Gift of a fund in separate shares.

87. Substitutionary clauses.

88. Settlement of shares.

89. Limitation to a series.

90. Chattels settled as realty.

91. Alternative limitations.

92. Limitations contingent on the exercise of a power.

93. Necessity for expression of double contingency.