Perpetuity period
8 Perpetuity period
For the purposes of the rule against perpetuities, the perpetuity period applicable to an interest created by a settlement shall, subject to this section, be 80 years from the date on which the settlement takes effect.
Where an appointment of an interest is made under a special power of appointment, the perpetuity period shall be reckoned from the date on which the settlement creating the power takes effect.
Where a child who is en ventre sa mère at the time when the perpetuity period applicable to an interest created by a settlement would, but for this subsection, have expired would, if that child had been born before that time, have taken that interest, that perpetuity period shall be extended until—
the expiry of the date on which the child is born; or
it becomes apparent that the child will not be born;
as the case requires.
Subsection (3) does not apply unless, before the expiry of the perpetuity period that would, but for that subsection, be applicable to the interest created by the relevant settlement, the trustees under that settlement have received notice, supported by a certificate signed by a duly qualified medical practitioner who has examined the woman carrying the child in question, that the child is en ventre sa mère.
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