HB0192 - Rule against perpetuities-applicability.
2001 |
State of Wyoming |
01LSO-0545 |
HOUSE BILL NO. HB0192
Rule against perpetuities-applicability.
Sponsored by: Representative(s) Stafford and Senator(s)
Coe
A BILL
for
1 AN ACT relating to
perpetuities; providing that trusts
2 created
after a certain date shall not be subject to the
3
perpetuities limitations under certain circumstances as
4
specified; and providing for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S. 34-1-139 is amended to read:
9
10 34-1-139. Perpetuities; time limits
for vesting;
11 restrictions on selected lives; legislative intent.
12
13 (a) No interest
in real or personal property shall be
14 good unless it must vest not later than
twenty-one (21)
15 years after some life in being at the
creation of the
16 interest and any period of gestation
involved in the
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1
situation to which the limitation applies. The lives
2
selected to govern the time of vesting must not be so
3
numerous nor so situated that evidence of their deaths is
4
likely to be unreasonably difficult to obtain. It is
5
intended by the enactment of this statute to make effective
6 in
this state the American common-law rule against
7
perpetuities.
8
9 (b) Subsection (a) of
this section shall not apply to
10 a
trust created after July 1, 2001 if:
11
12 (i) The instrument creating the trust states
13 that
the rule against perpetuities as provided in W.S.
14 34-1-139(a)
shall not apply to the trust;
15
16 (ii) The instrument creating the trust states
17 that
the trust shall terminate no later than nine hundred
18 fifty
(950) years after the trust's creation; and
19
20 (iii) The trust is domiciled and administered
21 within
this state.
22
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1 Section 2. This act is effective July 1, 2001.
2
3 (END)
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