3Interpretation

3 Interpretation

(1)  In this Act, unless the contrary intention appears –

court includes a person acting judicially;

disposition includes the conferring or exercise of a power of appointment or any other power or authority to dispose of an interest in, or a right over, property and any other disposition of an interest in, or a right over, property;

instrument includes a will and any other instrument, whether testamentary or not, by which a power of appointment, whether general or special is exercised, but does not include an Act of Parliament;

perpetuity period, in the application of the rule against perpetuities to a disposition, means –

(a) a period determined in accordance with this Act as the perpetuity period applicable to that disposition; or

(b) if there is no period so determined, the period applicable to that disposition by virtue of the rule against perpetuities;

power of appointment includes a discretionary power to transfer, grant or create a beneficial interest in property without valuable consideration;

property includes any interest in real or personal property and any thing in action;

[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] spouse includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 ;

the Supreme Court includes a judge of that Court;

will includes a codicil to a will.

(2)  For the purposes of the application of the rule against perpetuities –