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Article
Requiem for Pennsylvania's Rule Against Perpetuities?
Duquesne Law Review (2008)
  • Martha W. Jordan, Duquesne University School of Law
Abstract

The purpose of this article is not to debate the wisdom of repealing the rule against perpetuities but to highlight two arcane problems created by the repeal. Both of these problems derive from the interaction of the doctrine of relation back with powers of appointments. The doctrine of relation back deems the exercise of a special or a testamentary general power of appointment as the completion of an act begun by the donor when the power was created. Consequently, the perpetuities period for contingent interests created by the exercise of a special or a testamentary general power of appointment begins when the donor creates the power, not when the donee exercises it.

Keywords
  • generation skipping transfer tax,
  • GST,
  • perpetual trusts,
  • powers of appointment,
  • estate and gift tax,
  • doctrine of relation back,
  • Delaware tax trap,
  • tax deferral,
  • dynasty trusts,
  • Pennsylvania Uniform Trust Act
Publication Date
Summer 2008
Citation Information
Martha W. Jordan. "Requiem for Pennsylvania's Rule Against Perpetuities?" Duquesne Law Review Vol. 46 Iss. 4 (2008)
Available at: http://works.bepress.com/martha_jordan/5/