Perpetuities reform in Ireland?

Abstract

The rule against perpetuities, in particular, often appears so arbitrary, capricious and contradictory that it is not uncommon even for experienced practitioners to be caught by the array of traps and pitfalls that await the unwary. The difficulty caused by the complexity of the rule is compounded by the fact that many people are unaware of the extent of its application: the rule is commonly assumed to apply wholly or mainly in the context of trusts and settlements, and it is often forgotten that such diverse matters as the granting of future easements and commercial options to purchase also fall within its scope. Given the uncertainty that also surrounds the concept of the ¿life in being,¿ it is not surprising that the rule has led to a rich vein of litigation, and the frustration of many an intended settlement.