ADVOKS GLOBAL · KENYA
Perpetuities and Accumulations Act
9. Ascertainment of lives in being
Edition: 2022-03-21 · In force
9. Ascertainment of lives in being
(1)Where section 8 applies and the duration of the perpetuity period is not determined by paragraph (a) or (c) of section 5 (1), it shall be determined in accordance with this section.(2)Where persons falling within subsection (3) are individuals in being and ascertainable at the commencement of the perpetuity period, the duration of the period shall be determined by reference to their lives and no others, but so that the lives of any description of persons falling within paragraph (b) or (c) of that subsection shall be disregarded if the number of persons of that description is such as to render it impracticable to ascertain the date of death of the survivor.(3)The persons referred to in subsection (2) are as follows—(a)a person expressly selected by the instrument creating the disposition to be a life in being;(b)a person to whom or in whose favour the disposition was made, that is to say—(i)in the case of a disposition to a class of persons, any member or potential member of that class;(ii)in the case of an individual disposition to a person taking only on certain conditions being satisfied, any person as to whom some of the conditions are satisfied and the remainder may in time be satisfied;(iii)in the case of the exercise of a power, option or other right, the person on whom the right is conferred;(c)a person having a child or grandchild within subparagraphs (i) or (ii) of paragraph (b) or any of whose children or grandchildren, if subsequently born, would by virtue of his or her descent fall within either of those subparagraphs;(d)any person on the failure or determination of whose prior interest the disposition is limited to take effect;(e)any person on whose death any disposition is limited to take effect;(f)any person who is a life in being for the purposes of any other disposition created by the same instrument.