Western Australian Current Acts

PROPERTY LAW ACT 1969 - SECT 107

107 .         Order of applying rules

        (1)         The provisions of section 105 shall not be applied —

            (a)         unless and until it is certain that a limitation as worded is invalid as infringing the rule against perpetuities; and

            (b)         unless either —

                  (i)         the application of the provisions of that section would render the limitation valid; or

                  (ii)         the application of the provisions of that section, in conjunction with the provisions of section 106, would render the limitation valid.

        (2)         The provisions of section 106 shall not be applied unless and until —

            (a)         it is certain that a limitation as worded is invalid as infringing the rule against perpetuities; and

            (b)         any invalid age contingency in that limitation has been reduced in accordance with the provisions of section 105 as applied by subsection (1).