The purpose of the Rule Against Perpetuities (RAP) is to balance the right of an individual to dispose of her wealth upon death as she sees fit, while recognizing that property is for the living, and the law should uphold the right of the living to control it. The ALRI believes the RAP still serves an important purpose, but requires several legislated amendments and so have provided 28 recommendations for the Alberta Legislature. For example, dispositions from testators are often voided because of the possibilities considered from the date of the disposition. To soften this rigidity, we recommend the establishment of a “wait and see” rule, to see if the possibility which would void the gift actually occurs. Additionally, the courts should be granted a cy-pr
Final Report
Back to Publication SearchRule Against Perpetuities, Final Report 6
Resource Details
Publication No: | 6 |
FORMAT: | Publications |
TAGS: | accumulation, pension, perpetuity, power, pr, purpose, trust, wait and see, will |
FILE: | fr006.pdf |
ENACTMENT: |
Perpetuities Act, SA 1972, c 131 (now RSA 2000, c P-5). |