Key: (1) language to be deleted (2) new language
Laws of Minnesota 1988
CHAPTER 482-H.F.No. 1961
An act relating to property interests; setting the
effective date of the uniform statutory rule against
perpetuities; amending Minnesota Statutes 1987
Supplement, section 501A.05; and Laws 1987, chapter
60, section 10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1987 Supplement, section
501A.05, is amended to read:
501A.05 [PROSPECTIVE APPLICATION.]
(a) Except as extended by subsection (b), sections 501A.01
to 501A.07 apply to a nonvested property interest or a power of
appointment that is created after December 31, 1987 1989. 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 January 1, 1988 1990, and is
determined in a judicial proceeding, commenced after December
31, 1987 1989, to violate this state's rule against perpetuities
as that rule existed before January 1, 1988 1990, a court upon
the petition of an interested person may reform the disposition
in the manner that most closely approximates the transferor's
manifested 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.
Sec. 2. Laws 1987, chapter 60, section 10, is amended to
read:
Sec. 10. [TIME OF TAKING EFFECT.]
This act takes effect August 1, 1988 January 1, 1990.
Approved April 12, 1988
Official Publication of the State of Minnesota
Revisor of Statutes