Where a non-charitable discretionary will trust is created with an express perpetuity period of 125 years, what happens to the perpetuity period if the trustees subsequently appoint part of the trust capital onto a new charitable trust? Does the restricted perpetuity period cease to apply at that date, or does the existing period continue notwithstanding that the new trust is charitable?
Would it make a difference if, instead of creating a new trust, the trustees appointed the funds to an existing charitable trust? If perpetuity still applies in this scenario I expect this would cause difficulties for any appointment from such a trust to a charity, which is a common occurrence.
Would it make a difference if, instead of expressly stating the perpetuity period, the Will is silent on this point (but Perpetuities & Accumulations Act 2009 nonetheless applies)?
Tobias Gleed-Owen
Hewitsons LLP