Section § 21205

Explanation

This law section addresses nonvested property interests, which are future property rights. For these interests to be valid, they must either be set to become definite no later than 21 years after the death of someone alive when the interest is created, or they must become definite or end within 90 years of being established.

A nonvested property interest is invalid unless one of the following conditions is satisfied:
(a)CA Probate Code § 21205(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)CA Probate Code § 21205(b) The interest either vests or terminates within 90 years after its creation.

Section § 21206

Explanation

This law section explains when a general power of appointment, which can't currently be used because of some required condition that hasn't been met, is considered valid. It will be valid if, at the time it was made, the condition will definitely be met or become impossible no later than 21 years after the death of someone alive at that time. Alternatively, it is valid if the condition is met or becomes impossible within 90 years after the power is created.

A general power of appointment not presently exercisable because of a condition precedent is invalid unless one of the following conditions is satisfied:
(a)CA Probate Code § 21206(a) 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.
(b)CA Probate Code § 21206(b) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.

Section § 21207

Explanation

This law says that certain powers of appointment, which are legal abilities to designate who will receive property, are not valid unless they meet specific timing rules. There are two main conditions: either the power must be expected to be used or end within 21 years after someone's death, or it must be used or end within 90 years after it's created.

A nongeneral power of appointment or a general testamentary power of appointment is invalid unless one of the following conditions is satisfied:
(a)CA Probate Code § 21207(a) 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.
(b)CA Probate Code § 21207(b) The power is irrevocably exercised or otherwise terminates within 90 years after its creation.

Section § 21208

Explanation

This law states that when deciding if a future interest in property or a power to control property is valid, we don't consider the unlikely event of a child being born after the person has died.

In determining whether a nonvested property interest or a power of appointment is valid under this article, the possibility that a child will be born to an individual after the individual’s death is disregarded.

Section § 21209

Explanation

This law outlines how to determine the validity of certain provisions in a trust or property arrangement. Specifically, it states that any part of a trust that attempts to prevent or delay the transfer of a property interest for longer than 21 years after the death of the last living person specified when the trust was created is invalid. This law applies to any trust document made on or after January 1, 1992.

(a)CA Probate Code § 21209(a) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (1) seeks to disallow the vesting or termination of any interest or trust beyond, (2) seeks to postpone the vesting or termination of any interest or trust until, or (3) seeks to operate in effect in any similar fashion upon, the later of (A) the expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement or (B) the expiration of a period of time that exceeds or might exceed 21 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 that exceeds 21 years after the death of the survivor of the specified lives.
(b)CA Probate Code § 21209(b) Notwithstanding Section 21202, this section applies only to governing instruments, including instruments exercising powers of appointment, executed on or after January 1, 1992.