“Wait and See” Approach: Perpetuities Act s. 8. In some cases, it will be clear that the rule is violated, and the gift will be void. (ie, for an 80 year period, “to A for life, then to A’s first child to reach the age of 81 years”). If it is uncertain whether the interest will vest, then the interest will be treated as valid until the end of the perpetuity period. (ie “to A for life, then to A’s first child to reach the age of 60 years”). If A’s eldest child is 55 when the period ends, then the gift will fail at that time.
But – Age Reduction & Class Reduction: Perpetuities Act, s. 9. If gift would fail because the recipient will not reach the necessary age within the perpetuity period, interest shall be treated as vesting at the age necessary to save the gift. A member of a class can also be excluded if their presence would cause the entire gift to fail.