Statutory rule against perpetuities - Invalidity of certain contingent property interests, general powers of appointment, special powers of appointment, and general testamentary powers of appointment
N.D. Cent. Code § 47-02-27.1
in effect47-02-27.1. Statutory rule against perpetuities - Invalidity of certain contingent
property interests, general powers of appointment, special powers of appointment, and
general testamentary powers of appointment.
1. A contingent property interest is invalid unless:
a. When the interest is created, it is certain to vest or terminate no later than
twenty-one years after the death of an individual then alive; or
b. The interest either vests or terminates within ninety years after its creation.
2. A general power of appointment not presently exercisable because of a condition
precedent is invalid unless:
a. When the power is created, the condition precedent is certain to be satisfied or to
become impossible to satisfy no later than twenty-one years after the death of an
individual then alive; or
b. The condition precedent either is satisfied or becomes impossible to satisfy within
ninety years after its creation.
3. A special power of appointment or a general testamentary power of appointment is
invalid unless:
a. When the power is created, it is certain to be irrevocably exercised or otherwise
to terminate no later than twenty-one years after the death of an individual then
alive; or
b. The power is irrevocably exercised or otherwise terminates within ninety years
after its creation.
4. In determining whether a contingent property interest or a power of appointment is
valid under subdivision a of subsection 1, subdivision a of subsection 2, or subdivision
a of subsection 3, the possibility that a child will be born to an individual after the
individual's death is disregarded.
5. If, in measuring a period from the creation of a trust or other property arrangement,
language in a governing instrument seeks to disallow the vesting or termination of any
interest or trust beyond, seeks to postpone the vesting or termination of any interest or
trust until, or seeks to operate in effect in any similar fashion upon, the later of the
expiration of a period of time not exceeding twenty-one years after the death of the
survivor of specified lives in being at the creation of the trust or other property
arrangement or the expiration of a period of time that exceeds or might exceed
twenty-one years after the death of the survivor of lives in being at the creation of the
trust or other property arrangement, that language is inoperative to the extent it
produces a period of time that exceeds twenty-one years after the death of the
survivor of the specified lives.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t47c02.pdf#nameddest=47-02-27p1Fetched: 10/16/2026