Code Section Group

Probate Code - PROB

DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700]

  ( Division 11 enacted by Stats. 1990, Ch. 79. )

PART 2. PERPETUITIES [21200 - 21231]

  ( Part 2 added by Stats. 1991, Ch. 156, Sec. 24. )

CHAPTER 1. Uniform Statutory Rule Against Perpetuities [21200 - 21225]

  ( Chapter 1 added by Stats. 1991, Ch. 156, Sec. 24. )

ARTICLE 3. Time of Creation of Interest [21210 - 21212]
  ( Article 3 added by Stats. 1991, Ch. 156, Sec. 24. )

21210.
  

Except as provided in Sections 21211 and 21212, the time of creation of a nonvested property interest or a power of appointment is determined by other applicable statutes or, if none, under general principles of property law.

(Added by Stats. 1991, Ch. 156, Sec. 24.)

21211.
  

For purposes of this chapter:

(a) If there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (1) a nonvested property interest or (2) a property interest subject to a power of appointment described in Section 21206 or 21207, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.

(b) A joint power with respect to community property held by individuals married to each other is a power exercisable by one person alone.

(Added by Stats. 1991, Ch. 156, Sec. 24.)

21212.
  

For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.

(Added by Stats. 1991, Ch. 156, Sec. 24.)

PROBProbate Code - PROB3