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Home » US Law » 2022 West Virginia Code » Chapter 36. Estates and Property » Article 1A. Uniform Statutory Rule Against Perpetuities

§36-1A-1. Statutory Rule Against Perpetuities

(a) A nonvested property interest is invalid unless: (1) When the interest is created, it is certain to vest or terminate no later than twenty-one years after the death of an individual then alive; or

§36-1A-2. When Nonvested Property Interest or Power of Appointment Created

(a) Except as provided in subsections (b) and (c) of this section and in subsection (a), section five of this article, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (b) For purposes of this article, if there is a person who […]

§36-1A-3. 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 ninety years allowed by the provisions of subdivision (2), subsection (a), or subdivision (2), subsection (b), or subdivision (2), subsection (c), section one of this […]

§36-1A-4. Exclusions From Statutory Rule Against Perpetuities

The provisions of section one of this article do 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 […]

§36-1A-5. Prospective Application

(a) Except as extended by subsection (b) of this section, this article applies to a nonvested property interest or a power of appointment that is created on or after the effective date of this article. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a […]