The rule against perpetuities – opportunities for advisers

Published Date: 17 Aug 2023


New opportunities beckon for savvy advisers, extending the life of trusts to match the lengthening lifespans of our clients. Public policy rules, restricting the length of time a trust could fully operate, now look dated. But public policy remains the driver of existing restrictions, so tread carefully in evading such rules. The adviser has to solve a matrix involving: the drafting of the deed; the location and type of the property; the number and type of beneficiaries; and the powers and restrictions under laws of different jurisdictions. The adviser needs deep historical knowledge of the laws of each place considered. Further, the adviser will select the court to be used, and any new system of law, based on a connection with the place and the usefulness of that legal system.

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