Perpetuities Act

CHAPTER 42

OF THE

ACTS OF 2011

NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act to Abolish the Rules of Law
against Perpetuities and to Amend Chapter 385
of the Revised Statutes, 1989,
the Real Property Act, and
Chapter 486 of the Revised Statutes, 1989,
the Variation of Trusts Act

Short title

1 This Act may be cited as the Perpetuities Act. 2011, c. 42, s. 1.

Interpretation

2 In this Act,

(a) "modern rule against perpetuities" includes the operation of the rule respecting remoteness of vesting and perpetual duration and respecting testamentary executory interests in personal property;

(b) "rules of law against perpetuities" means

Rules against perpetuities abolished

3 The rules of law against perpetuities are abolished. 2011, c. 42, s. 3.

Application

4 (1) Subject to subsection (2), this Act applies to

(a) all interests in property created before, on or after the coming into force of this Act; and

(b) all trusts, whether taking effect before, on or after the coming into force of this Act.

(2) The rules of law against perpetuities continue to apply to an interest or purported interest in property if, before the coming into force of this Act,

(a) the period permitted for the vesting of the interest or purported interest has terminated and any act or step has been taken as a consequence of that termination; or

(b) a court has held the interest or purported interest to be void for breach of the rules of law against perpetuities. 2011, c. 42, s. 4.

Real Property Act amended

5 amendments

Variation of Trusts Act amended

6 amendments

Effective date

7 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. 2011, c. 42, s. 7.

Proclaimed - July 23, 2013
In force - July 23, 2013

__________

[home] [up]

 

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2025 Crown in right of Nova Scotia. Created November 14, 2025. Send comments to legc.office@novascotia.ca.