Indiana § 32-17-8-3 - Nonvested property interests; powers of appointment; validity
Full text of Indiana Indiana Code § 32-17-8-3 — Nonvested property interests; powers of appointment; validity, with citation guidance and answers to common questions.
§ 32-17-8-3. Nonvested property interests; powers of appointment; validity
Sec. 3. (a) A nonvested property interest is valid if:
(1) when the interest is created, the interest is certain to vest or terminate not later than twenty-one (21) years after the death of an individual then alive; or
(2) the interest either vests or terminates within three hundred sixty (360) years after the interest's creation, unless the terms of the trust require that all beneficial interests in the trust vest or terminate within a lesser period of time.
(b) A general power of appointment not presently exercisable because of a condition precedent is valid if:
(1) when the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy not later than twenty-one (21) years after the death of an individual then alive; or
(2) the condition precedent either is satisfied or becomes impossible to satisfy within three hundred sixty (360) years after the condition precedent's creation, unless the terms of the trust require that all beneficial interests in the trust vest or terminate within a lesser period of time.
(c) A nongeneral power of appointment or a general testamentary power of appointment is valid if:
(1) when the power is created, the power is certain to be irrevocably exercised or otherwise to terminate not later than twenty-one (21) years after the death of an individual then alive; or
(2) the power is irrevocably exercised or otherwise terminates within three hundred sixty (360) years after the power's creation, unless the terms of the trust require that all beneficial interests in the trust vest or terminate within a lesser period of time.
(d) In determining whether a nonvested property interest or a power of appointment is valid under subsection (a)(1), (b)(1), or (c)(1), the possibility that a child will be born to an individual after the individual's death is disregarded.
[Pre-2002 Recodification Citation: 32-1-4.5-3.]
As added by P.L.2-2002, SEC.2. Amended by P.L.61-2024, SEC.2.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 32-17-8-3
What does Indiana Code § 32-17-8-3 cover?
Section 32-17-8-3 ("Nonvested property interests; powers of appointment; validity") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 32-17-8-3?
A common citation format is "Indiana Code § 32-17-8-3" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 32-17-8-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.