Title 44, Chapter 6, Section 205
( 44-6-205)
(a) Except as extended by subsection (b) of this Code section, this
article applies to a nonvested property interest or a power of
appointment that is created on or after May 1, 1990. For purposes
of this Code section only, a nonvested property interest or a power
of appointment created by the exercise of a power of appointment is
created when the power is irrevocably exercised or when a revocable
exercise becomes irrevocable. (b) With respect to a nonvested property interest or a power of
appointment that was created before May 1, 1990, and that violates
this state's rule against perpetuities as that rule existed before
May 1, 1990, a court upon the petition of an interested party may
exercise its equitable power to reform the disposition in the manner
that most closely approximates the transferor's manifested plan of
distribution and is within the limits of the rule against
perpetuities applicable when the nonvested property interest or
power of appointment was created. |