US Lawyer Database

Section 105.950 – Statutory rule against perpetuities.

(1) A nonvested property interest is invalid unless: (a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (b) The interest either vests or terminates within 90 years after its creation. (2) A general power of appointment, not […]

Section 105.960 – Reformation.

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 90 years allowed by ORS 105.950 (1)(b), (2)(b) and (3)(b) if: (1) A nonvested property interest or a power of appointment becomes invalid under ORS […]

Section 105.965 – Exclusions from statutory rule against perpetuities.

ORS 105.950, statutory rule against perpetuities, does not apply to: (1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of: (a) A premarital or postmarital agreement; (b) A separation or divorce settlement; (c) A spouse’s election; […]

Section 105.970 – Prospective application.

(1) Except as extended by subsection (2) of this section, ORS 105.950 to 105.975 apply to a nonvested property interest or a power of appointment that is created on or after January 1, 1990. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power […]