NSWIn ForceAct
Perpetuities Act 1984
3Definitions
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#### 3 Definitions
3 Definitions
> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
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> > appointed day means the day appointed and notified under section 2 (2).
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> > disposition includes:
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> > > (a) the conferring or exercising of a power of appointment and any other power or authority to dispose of property, and
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> > > (b) any alienation of property.
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> > interest includes any estate and any right.
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> > power of appointment includes any discretionary power to make a disposition.
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> > property includes any interest in real or personal property and any thing in action.
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> > settlement includes:
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> > > (a) a will,
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> > > (b) an instrument, testamentary or otherwise, exercising a power of appointment, whether general or special, and
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> > > (c) any other instrument, transaction or dealing whereby a person makes a disposition,
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> > but does not include an Act of Parliament.
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> > the rule against perpetual trusts means the common law rule that invalidates a trust (not otherwise invalid) for a purpose which is not charitable where the duration of the trust will or may exceed the perpetuity period.
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> > trust and trustee have the meanings respectively ascribed thereto in the [Trustee Act 1925](/view/html/inforce/current/act-1925-014).
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> > will includes a codicil.
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> > (2) For the purposes of this Act, a will shall, in relation to a disposition contained in it, be deemed to take effect on the death of the testator.
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> > (3) For the purposes of this Act:
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> > > (a) a person shall be treated as a member of a class if in that person’s case each and every condition identifying a member of the class is satisfied, and
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> > > (b) a person shall be treated as a potential member of a class if in that person’s case only one or some of the conditions identifying a member of the class is or are satisfied but there is a possibility that the remainder of those conditions will in time be satisfied.