2016 Wyoming Code
TITLE 34 - PROPERTY, CONVEYANCES AND SECURITY TRANSACTIONS
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 1 - IN GENERAL
SECTION 34-1-139 - Perpetuities; time limits for vesting; restrictions on selected lives; legislative intent.
34-1-139. Perpetuities; time limits for vesting; restrictions on selected lives; legislative intent.
(a) No interest in real or personal property shall be good unless it must vest not later than twenty-one (21) years after some life in being at the creation of the interest and any period of gestation involved in the situation to which the limitation applies. The lives selected to govern the time of vesting must not be so numerous nor so situated that evidence of their deaths is likely to be unreasonably difficult to obtain. It is intended by the enactment of this statute to make effective in this state the American common-law rule against perpetuities.
(b) Subsection (a) of this section shall not apply to a trust created after July 1, 2003 if:
(i) The instrument creating the trust states that the rule against perpetuities as provided in subsection (a) of this section shall not apply to the trust;
(ii) The instrument creating the trust states that the trust shall terminate no later than one thousand (1,000) years after the trust's creation; and
(iii) The trust is governed by the laws of this state and the trustee maintains a place of business, administers the trust in this state or is a resident of this state.
(c) The election provided in subsection (b) of this section shall not be available to real property owned and held in a trust making an election under subsection (b) of this section. Subsection (a) of this section shall apply to such real property held in a trust making an election under subsection (b) of this section. Subsection (b) of this section shall apply to the remaining assets of such trust.
(d) Real property for the purpose of subsection (b) of this section shall not include a mineral interest or an interest in a corporation, limited liability company, partnership, business trust or other entity.
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