Explanatory Notes

Perpetuities and Accumulations Act 2009

2009 CHAPTER 18

12 November 2009

Commentary on Sections

General

Section 19: Provision made otherwise than by instrument

79.Section 19 corresponds to section 15(6) of the 1964 Act. The scope of the application of the rule against perpetuities and excessive accumulations under the Act is defined by reference to instruments. Typically these instruments are a trust deed or a will. However, it is possible to create a trust orally, without the use of writing. For the purposes of the Act, such a trust is treated as if it were made by written instrument.