Uniform Rule Against Perpetuities

Article 1, Chapter 1, Part 2, Division 11 of the Probate Code deals with the uniform statutory rule against perpetuities and general provisions related to it.

Section 21200 names this chapter as the Uniform Statutory Rule Against Perpetuities.

Section 21201 provides that this chapter supersedes the common law rule against perpetuities.

Section 21202 specifies that this part applies to nonvested property interests and unexercised powers of appointment regardless of whether they were created before, on, or after January 1, 1992.

Article 2 deals with the statutory rule against perpetuities. Section 21205 provides that a nonvested property interest is invalid unless one of the two specified conditions is satisfied.

Section 21206 states that a general power of appointment not presently exercisable because of a condition precedent is invalid unless one of the two specified conditions is satisfied.

Section 21207 explains that a nongeneral power of appointment or a general testamentary power of appointment is invalid unless one of the two specified conditions is satisfied.

Section 21208 says that, in determining whether a nonvested property interest or a power of appointment is valid under this article, the possibility that a child will be born to an individual after the individual’s death is disregarded.

Article 5 deals with exclusions from the statutory rule against perpetuities. Section 21225 explains that Article 2 does not apply to any of eight specified conditions.