Legal Definition
A nonvested property interest is invalid unless one of the following conditions is satisfied:
(a) 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.
(b) The interest either vests or terminates within 90 years after its creation.
Basic Definition
Section 21205: This section defines the validity of nonvested property interests, which must either vest or terminate within specific timeframes to comply with statutory requirements.
In-Depth Overview and Use Cases
Section 21205 establishes rules to ensure that property interests, such as those in trusts or wills, comply with the “Rule Against Perpetuities.” For a property interest to be valid, it must either vest or terminate no later than 21 years after the death of an individual alive when the interest was created, or within 90 years of its creation. Use cases include trust disputes where beneficiaries challenge the validity of property distributions based on this rule. For example, in cases involving complex family trusts, attorneys may analyze this section to determine whether specific clauses in the trust are enforceable.
Application & Relevance
Attorneys use Section 21205 to challenge or defend the validity of property interests during probate litigation. This section is critical in preventing property from being tied up indefinitely, ensuring compliance with legal timeframes. Probate litigators rely on this code when reviewing and interpreting the terms of wills and trusts, particularly in disputes involving future interests.
Legal Scenario
Trust Disputes
Probate Code Impact
Section 21205 governs the validity of nonvested property interests, requiring them to vest or terminate within specific timeframes (21 years after the death of an individual or 90 years from creation). In trust disputes, beneficiaries might challenge the validity of property interests based on this section, ensuring compliance with the “Rule Against Perpetuities” in trust documents.
Legal Scenario
Trust Litigation
Probate Code Impact
Attorneys use Section 21205 to challenge or defend the validity of property interests in trust litigation. If the trust provisions fail to meet the statutory timeframes, those provisions could be ruled invalid. For example, a challenge might occur over a trust provision regarding a future interest that doesn’t meet the timing requirements of this section.
