2017 Indiana Code
TITLE 32. Property
ARTICLE 17. INTERESTS IN PROPERTY
CHAPTER 8. Uniform Statutory Rule Against Perpetuities
32-17-8-3. Nonvested property interests; powers of appointment; validity

Universal Citation: IN Code § 32-17-8-3 (2017)
IC 32-17-8-3 Nonvested property interests; powers of appointment; validity

     Sec. 3. (a) A nonvested property interest is valid if:

(1) when the interest is created, the interest is certain to vest or terminate not later than twenty-one (21) years after the death of an individual then alive; or

(2) the interest either vests or terminates within ninety (90) years after the interest's creation.

     (b) A general power of appointment not presently exercisable because of a condition precedent is valid if:

(1) when the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy not later than twenty-one (21) years after the death of an individual then alive; or

(2) the condition precedent either is satisfied or becomes impossible to satisfy within ninety (90) years after the condition precedent's creation.

     (c) A nongeneral power of appointment or a general testamentary power of appointment is valid if:

(1) when the power is created, the power is certain to be irrevocably exercised or otherwise to terminate not later than twenty-one (21) years after the death of an individual then alive; or

(2) the power is irrevocably exercised or otherwise terminates within ninety (90) years after the power's creation.

     (d) In determining whether a nonvested property interest or a power of appointment is valid under subsection (a)(1), (b)(1), or (c)(1), the possibility that a child will be born to an individual after the individual's death is disregarded.

[Pre-2002 Recodification Citation: 32-1-4.5-3.]

As added by P.L.2-2002, SEC.2.

 

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