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PERPETUITIES ACT (NORTHERN IRELAND) 1966 - SECT 3

Uncertainty as to remoteness.

3.(1) Where, apart from the provisions of this section and sections 4 and 5, a
disposition would be void on the ground that the interest disposed of might
not become vested until too remote a time, the disposition shall be treated,
until such time, if any, as it becomes established that the vesting must
occur, if at all, after the end of the perpetuity period, as if the
disposition were not subject to the rule against perpetuities; and its
becoming so established shall not affect the validity of anything previously
done in relation to the interest disposed of by way of advancement,
application of intermediate income or otherwise.

(2) Where, apart from the provisions mentioned in subsection (1), a
disposition consisting of the conferring of a general power of appointment
would be void on the ground that the power might not become exercisable until
too remote a time, the disposition shall be treated, until such time, if any,
as it becomes established that the power will not be exercisable within the
perpetuity period, as if the disposition were not subject to the rule against
perpetuities.

(3) Where, apart from the provisions mentioned in subsection (1), a
disposition consisting of the conferring of any power, option or other right
would be void on the ground that the right might be exercised at too remote a
time, the disposition shall be treated as regards any exercise of the right
within the perpetuity period as if it were not subject to the rule against
perpetuities and, subject to the said provisions, shall be treated as void for
remoteness only if, and so far as, the right is not fully exercised within
that period.

(4) Where this section applies to a disposition and the duration of the
perpetuity period is not determined by virtue of section 1 or section 10(3),
it shall be determined as follows:

(a)where any persons falling within subsection (5) are individuals in being
and (except in the case of a spouse within subsection (5)(f)) ascertainable at
the commencement of the perpetuity period the duration of the period shall be
determined by reference to their lives and no others, but so that the lives of
any description of persons falling within paragraph (b) or paragraph (c) of
that subsection shall be disregarded if the number of persons of that
description is such as to render it impracticable to ascertain the date of
death of the survivor;

(b)where there are no lives under paragraph (a) the period shall be twenty-one
years.

(5) The said persons are as follows:

(a)the person by whom the disposition was made;

(b)a person to whom or in whose favour the disposition was made, that is to
say

(i)in the case of a disposition to a class of persons, any member or potential
member of the class;

(ii)in the case of an individual disposition to a person taking only on
certain conditions being satisfied, any person as to whom some of the
conditions are satisfied and the remainder may in time be satisfied;

<(iii)in the case of a special power of appointment exercisable in favour of members of a class, any member or potential member of the class;


<(iv)in the case of a special power of appointment, exercisable in favour of one person only, that person or, where the object of the power is ascertainable only on certain conditions being satisfied, any person as to whom some of the conditions are satisfied and the remainder may in time be satisfied;


(v)in the case of any power, option or other right, the person on whom the
right is conferred;

(c)a person having a child or grandchild within sub-paragraphs (i) to (iv) of
paragraph (b), or any of whose children or grandchildren, if subsequently
born, would by virtue of his or her descent fall within those sub-paragraphs,
or any of whose grandchildren, if subsequently born, would by virtue of his or
her birth take a vested interest under the disposition;

(d)any person on the failure or determination of whose prior interest the
disposition is limited either mediately or immediately to take effect;

(e)a person having a child or grandchild within paragraph (d);

(f)a spouse of any person within paragraph (b)(i) to (iv).

© 1966 Crown Copyright

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