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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 6. ESTATES · Article 9. UNIFORM STATUTORY RULE AGAINST PERPETUITIES

44-6-201. Validity of nonvested property interest or power of appointment.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A nonvested property interest is invalid unless:#

    1. (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. (2)

      The interest either vests or terminates within 360 years after its creation.#

  2. (b)

    A general power of appointment not presently exercisable because of a condition precedent is invalid unless:#

    1. (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. (2)

      The condition precedent either is satisfied or becomes impossible to satisfy within 360 years after its creation.#

  3. (c)

    A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:#

    1. (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. (2)

      The power is irrevocably exercised or otherwise terminates within 360 years after its creation.#

  4. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 44-6-201, enacted by Ga. L. 1990, p. 1837, § 2; Ga. L. 2018, p. 262, § 1/HB 121.

Amendments

The 2018 amendment, effective July 1, 2018, substituted “360 years” for “90 years” in paragraphs (a)(2), (b)(2), and (c)(2).

Law reviews

For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-pdf.pdf, Volume V31, 2010 edition, 2025 supplement, pages 146 to 147; merge action: replaced; file SHA-256 a165b4d6b81d.