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.
As added by P.L.2-2002, SEC.2.
Last modified: May 24, 2006