Commentary on Sections Perpetuity period of 125 years Section 5: Perpetuity period
46.Section 5 defines the length of the perpetuity period governing instruments to which the Act applies (see sections 1, 2 and 15). The perpetuity period for such instruments is 125 years.
47.Subsection (2) provides that subsection (1) applies whether or not the instrument specifies a perpetuity period, and that specifying a perpetuity period will be ineffective.