North Dakota Code § 47-02-27.1

Statutory rule against perpetuities - Invalidity of certain contingent
Open in Lexace · Ask the AI about this section
property interests, general powers of appointment, special powers of appointment, and 
general testamentary powers of appointment.
1. A contingent property interest is invalid unless:
a. 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
b. The interest either vests or terminates within ninety years after its creation.
2. A general power of appointment not presently exercisable because of a condition 
precedent is invalid unless:
a. When the power is created, the condition precedent is certain to be satisfied or to 
become impossible to satisfy no later than twenty -one years after the death of an 
individual then alive; or
b. The condition precedent either is satisfied or becomes impossible to satisfy within 
ninety years after its creation.
3. A special power of appointment or a general testamentary power of appointment is 
invalid unless:
a. When the power is created, it is certain to be irrevocably exercised or otherwise 
to terminate no later than twenty -one years after the death of an individual then 
alive; or
b. The power is irrevocably exercised or otherwise terminates within ninety years 
after its creation.
4. In determining whether a contingent property interest or a power of appointment is 
valid under subdivision a of subsection 1, subdivision a of subsection 2, or subdivision 
a of subsection 3, the possibility that a child will be born to an individual after the 
individual's death is disregarded.
5. If, in measuring a period from the creation of a trust or other property arrangement, 
language in a governing instrument seeks to disallow the vesting or termination of any 
interest or trust beyond, seeks to postpone the vesting or termination of any interest or 
trust until, or seeks to operate in effect in any similar fashion upon, the later of the 
expiration of a period of time not exceeding twenty -one years after the death of the 
survivor of specified lives in being at the creation of the trust or other property 
arrangement or the expiration of a period of time that exceeds or might exceed 
twenty-one years after the death of the survivor of lives in being at the creation of the 
trust or other property arrangement, that language is inoperative to the extent it 
produces a period of time that exceeds twenty-one years after the death of the 
survivor of the specified lives.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.