42. Trusts of indefinite duration.

Trusts lasting for a possibly indefinite period of time, where the interests arising under them may not be vested within the perpetuity period, so that the beneficiaries cannot put an end to the trusts1, are within the rule against perpetuities2.

A discretionary trust of the income of a fund for the maintenance of a class of persons, some unborn, which may possibly last longer than the perpetuity period, is, therefore, void3. Similarly, a gift to an unincorporated association for the benefit of present and future members indefinitely was void prior to the Perpetuities and Accumulations Act 1964, 4but it is