Explanatory Notes

Perpetuities and Accumulations Act 2009

2009 CHAPTER 18

12 November 2009

Commentary on Sections

Application of the rule against perpetuities

Section 4: Abolition of existing exceptions

45.Section 4 provides that certain pre-Act exceptions to the rule against perpetuities cease to have effect. These exceptions are unnecessary in light of sections 1 and 2. However, they continue to be relevant to instruments which took effect before commencement, to wills that were executed before commencement, and to post-commencement instruments made in the exercise of a special power of appointment created by an instrument which took effect before commencement (section 15).