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 4. Reformation [21220- 21220.]
  ( Article 4 added by Stats. 1991, Ch. 156, Sec. 24. )

21220.
  

On 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 the applicable provision in Article 2 (commencing with Section 21205), if any of the following conditions is satisfied:

(a) A nonvested property interest or a power of appointment becomes invalid under the statutory rule against perpetuities provided in Article 2 (commencing with Section 21205).

(b) A class gift is not but might become invalid under the statutory rule against perpetuities provided in Article 2 (commencing with Section 21205), and the time has arrived when the share of any class member is to take effect in possession or enjoyment.

(c) A nonvested property interest that is not validated by subdivision (a) of Section 21205 can vest but not within 90 years after its creation.

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

PROBProbate Code - PROB4