Title 44, Chapter 6, Section 201
( 44-6-201)
(a) A nonvested property interest is invalid unless: (1) When the interest is created, it is certain either to vest or
to terminate within the lifetime of an individual then alive or
within 21 years after the death of that individual; or (2) The interest either vests or terminates within 90 years after
its creation. (b) A general power of appointment not presently exercisable because
of a condition precedent is invalid unless: (1) When the power is created, the condition precedent is certain
either to be satisfied or to become impossible to satisfy within
the lifetime of an individual then alive or within 21 years after
the death of that individual; or (2) The condition precedent either is satisfied or becomes
impossible to satisfy within 90 years after its creation. (c) A nongeneral power of appointment or a general testamentary
power of appointment is invalid unless: (1) When the power is created, it is certain to be irrevocably
exercised or otherwise to terminate within the lifetime of an
individual then alive or within 21 years after the death of that
individual; or (2) The power is irrevocably exercised or otherwise terminates
within 90 years after its creation. (d) In determining whether a nonvested property interest or a power
of appointment is valid under paragraph (1) of subsection (a),
paragraph (1) of subsection (b), or paragraph (1) of subsection (c)
of this Code section, the possibility that a child will be born to
an individual after the individual's death is disregarded. |