1999 Minnesota Statutes

     501A.01 When nonvested interest, powers of appointment 
  are invalid; exceptions. 

    (a) A nonvested property interest is invalid unless: 

    (1) when the interest is created, it is certain to vest or 
 terminate no later than 21 years after the death of an 
 individual then alive; or 

    (2) the interest either vests or terminates within 90 years 
 after its creation. 

    (b) A general power of appointment not presently 
 exercisable because of a condition precedent is invalid unless: 

    (1) when the power is created, the condition precedent is 
 certain to be satisfied or become impossible to satisfy no later 
 than 21 years after the death of an individual then alive; or 

    (2) the condition precedent either is satisfied or becomes 
 impossible to satisfy within 90 years after its creation. 

    (c) A nongeneral power of appointment or a general 
 testamentary power of appointment is invalid unless: 

    (1) when the power is created, it is certain to be 
 irrevocably exercised or otherwise to terminate no later than 21 
 years after the death of an individual then alive; or 

    (2) the power is irrevocably exercised or otherwise 
 terminates within 90 years after its creation. 

    (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. 

    HIST: 1987 c 60 s 1