Indiana § 32-17-8-1 - Application of chapter; reformation of disposition created before May 8, 1991

§ 32-17-8-1. Application of chapter; reformation of disposition created before May 8, 1991

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to a nonvested property interest or a power of appointment that is created on or after May 8, 1991. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.

(b) If a nonvested property interest or a power of appointment was created before May 8, 1991, and:

(1) is determined in a judicial proceeding commenced on or after May 8, 1991, to violate this state's rule against perpetuities as that rule existed before May 8, 1991; or

(2) may violate this state's rule against perpetuities as that rule existed before May 8, 1991;

a court upon the petition of an interested person shall reform the disposition by inserting a savings clause that most closely preserves the transferor's plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.

[Pre-2002 Recodification Citation: 32-1-4.5-1.]

As added by P.L.2-2002, SEC.2.