LLB220 Study Guide - Final Guide: Trustee Act 1925, Rule Against Perpetuities, Testator
Perpetuities Act 1984
Section 3 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or
requires:
"appointed day" means the day appointed and notified under section 2 (2).
"disposition" includes:
(a) the conferring or exercising of a power of appointment and any other power or
authority to dispose of property, and
(b) any alienation of property.
"interest" includes any estate and any right.
"power of appointment" includes any discretionary power to make a disposition.
"property" includes any interest in real or personal property and any thing in action.
"settlement" includes:
(a) a will,
(b) an instrument, testamentary or otherwise, exercising a power of appointment,
whether general or special, and
(c) any other instrument, transaction or dealing whereby a person makes
a disposition,
but does not include an Act of Parliament.
"the rule against perpetual trusts" means the common law rule that invalidates
a trust (not otherwise invalid) for a purpose which is not charitable where the
duration of the trust will or may exceed the perpetuity period.
"trust" and
"trustee" have the meanings respectively ascribed thereto in the Trustee Act 1925 .
"will" includes a codicil.
(2) For the purposes of this Act, a will shall, in relation to a disposition contained in it,
be deemed to take effect on the death of the testator.
(3) For the purposes of this Act:
(a) a person shall be treated as a member of a class if in that person’s case each
and every condition identifying a member of the class is satisfied, and
(b) a person shall be treated as a potential member of a class if in that person’s case
only one or some of the conditions identifying a member of the class is or are
satisfied but there is a possibility that the remainder of those conditions will in time
be satisfied.
Section 4 Application
(1) Except as provided by sections 11, 12 and 13, this Act does not apply in relation
to a settlement taking effect before the appointed day.
(2) This Act applies in relation to a settlement exercising a power of appointment,
whether general or special, and taking effect on or after the appointed day, whether
or not it applies in relation to the settlementcreating the power of appointment.
(3) This Act does not apply to render invalid, at the outset or at some future time,
an interest created by a provision of a will executed before the appointed day, but
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