Do We Need a Rule Against Perpetuities
England, like almost all other common law jurisdictions, has until now retained a so-called 'rule against perpetuities'1 limiting the period of time for which the identity of persons unconditionally entitled to property in trust funds is permitted by law to remain unascertainable. In a recent Consultation Paper,2 the Law Commission has expressed the provisional view that the rule should be either abolished or reformed.3 The Commission has rejected the options of either leaving the rule unamended or replacing it with a new rule; but it has not yet reached a preference between abolition and reform.4 This article will consider the options.