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PERPETUITIES ACT (NORTHERN IRELAND) 1966 - SECT 4

Reduction of age and exclusion of class members to avoid remoteness.

4.(1) Where a disposition is limited by reference to the attainment by any
person or persons of a specified age exceeding twenty-one years, and it is
apparent at the time the disposition is made or becomes apparent at a
subsequent time

(a)that the disposition would, apart from this section, be void for
remoteness; but

(b)that it would not be so void if the specified age had been twenty-one
years;

(2) Where in the case of any disposition different ages exceeding twenty-one
years are specified in relation to different persons

(a)the reference in subsection (1)(b) to the specified age shall be construed
as a reference to all the the specified ages; and

(b)that subsection shall operate to reduce each such age so far as is
necessary to save the disposition from being void for remoteness.

(3) Where the inclusion of any persons, being potential members of a class or
unborn persons who at birth would become members or potential members of the
class, prevents the foregoing provisions of this section from operating to
save a disposition from being void for remoteness, those persons shall
thenceforth be deemed for all the purposes of the disposition to be excluded
from the class, and the said provisions shall thereupon have effect
accordingly.

(4) Where, in the case of a disposition to which subsection (3) does not
apply, it is apparent at the time the disposition is made or becomes apparent
at a subsequent time that, apart from this subsection, the inclusion of any
persons, being potential members of a class or unborn persons who at birth
would become members or potential members of the class, would cause the
disposition to be treated as void for remoteness, those persons shall, unless
their exclusion would exhaust the class, thenceforth be deemed for all the
purposes of the disposition to be excluded from the class.

(5) Where this section has effect in relation to a disposition to which
section 3 applies, the operation of this section 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.


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© 1966 Crown Copyright

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