Charitable Trusts
The question
To ask the Secretary of State for Justice, whether the reference in the answer of 14 January 2026 to question 103614 to “all other cases” in which common law perpetuity rules apply is intended to include commercial land instruments, including commercial options, rights of pre-emption, and easements; and, if so, which perpetuity regime the Department considers applicable to such instruments.
Answered by Sarah Sackman
The reference in the Government’s response to Question 103614 “in all other cases, only the common law rules apply” refers to all instruments not captured by the regimes established by the Perpetuities and Accumulations Act 2009, the Perpetuities and Accumulations Act 1964 and the Law of Property Act 1925.
As set out in the answer to Question 103614 this is a complex and technical area of law, and there will be a lot of fact specific issues in each case. Individuals should seek independent legal advice on what regime applies to their circumstances.
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