The rule in Whitby v Mitchell (sometimes referred to as or confused with the so-called rules against double possibilities or against remote possibilities)1, provided that, in the case of realty, after a limitation for life to a person not in existence at the time when the instrument creating the limitation became operative, a limitation by remainder to any issue of such a person as purchasers was void2. It now applies only to limitations or trusts created by an instrument which came into operation before 1 January 1926, and has been abolished as regards limitations or trusts created by any
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234