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  • 10 (1) If section 9 applies to a disposition and the duration of the perpetuity period is not determined under section 7, 21 or 22, the perpetuity period must be determined as follows:
  • (a) if any persons falling within subsection (2) are persons in being and ascertainable at the commencement of the perpetuity period, the duration of the period, to the extent it is determined by a life in being, must be determined by reference to their lives and no others but so that the lives of any description of persons falling within subsection (2)(b) or (c) must be disregarded if the number of persons of that description is such as to render it impractical to ascertain the date of death of the survivor;
  • (b) if there are no lives under paragraph (a), the perpetuity period is 80 years.
  • (2) The persons referred to in subsection (1) are as follows:

  • (a) the person by whom the disposition is made;
  • (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, a member or potential member of the class,
    • (ii) in the case of an individual disposition to a person taking only on certain conditions being satisfied, a person as to whom some of the conditions are satisfied and the remainder may in time be satisfied,
    • (iii) in the case of a special power of appointment exercisable in favour of members of a class, a member or potential member of the class,
    • (iv) if, in the case of a special power of appointment exercisable in favour of one person only, the object of the power is not ascertained at the commencement of the perpetuity period, a person as to whom all of the conditions are satisfied, or some of the conditions are satisfied and the remainder may in time be satisfied, and
    • (v) in the case of a power of appointment, the person on whom the power is conferred;
  • (c) a person having a child or grandchild within paragraph (b)(i) to (iv), or a person any of whose children or grandchildren, if subsequently born, would by his or her descent, fall within paragraphs (b)(i) to (iv);
  • (d) a person who takes a prior interest in the property disposed of and a person on whose death a gift over takes effect;
  • (e) if
    • (i) a disposition is made in favour of any spouse of a person who is in being and ascertainable at the commencement of the perpetuity period,
    • (ii) an interest is created by reference to an event occurring during the lifetime of the spouse of a person who is in being and ascertainable at the commencement of the perpetuity period or during the lifetime of the survivor of them, or
    • (iii) an interest is created by reference to the death of the spouse of a person who is in being and ascertainable at the commencement of the perpetuity period or the death of the survivor of them,
  • the same spouse whether or not that spouse was in being or ascertainable at the commencement of the period.

1979-321-6.