2019 Arkansas Code
Title 18 - Property
Subtitle 1 - General Provisions
Chapter 3 - Uniform Statutory Rule Against Perpetuities
§ 18-3-104. Exclusions From Statutory Rule Against Perpetuities

Universal Citation: AR Code § 18-3-104 (2019)
  • Section 18-3-101 does not apply to:
  • (1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of (i) a premarital or postmarital agreement, (ii) a separation or divorce settlement, (iii) a spouse's election, (iv) a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties, (v) a contract to make or not to revoke a will or trust, (vi) a contract to exercise or not to exercise a power of appointment, (vii) a transfer in satisfaction of a duty of support, or (viii) a reciprocal transfer;

  • (2) a fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;

  • (3) a power to appoint a fiduciary;

  • (4) a discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;

  • (5) a nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;

  • (6) a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse;

  • (7) a property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this State; or

  • (8)

    • (A) a nonvested property interest or power of appointment provided in a trust created or administered in this state so long as the trust:

      • (i) has one (1) or more trustees who are able to convey an absolute fee in possession of land, or full ownership of personal property;

      • (ii) has one (1) or more trustees with express or implied power to sell the trust assets; or

      • (iii) vests in one (1) or more persons in being the unlimited power to terminate the trust.

    • (B) if the power of alienation is suspended during the life of the trust, the rule against perpetuities under § 18-3-101 will begin to run from the date of suspension.

    • (C) the exception created in this subdivision (8) applies to a trust created in Arkansas on or after August 1, 2017 and to any other trust whose principal place of administration is transferred to Arkansas on or after August 1, 2017, regardless of when the trust was created.

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