Time of Creation of Nonvested Property Interest or Power of Appointment

  1. Law
  2. Georgia Code
  3. Property
  4. Estates
  5. Uniform Statutory Rule Against Perpetuities
  6. Time of Creation of Nonvested Property Interest or Power of Appointment

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  1. Except as provided in subsections (b) and (c) of this Code section and in subsection (a) of Code Section 44-6-205, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
  2. For purposes of this article, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of:
    1. A nonvested property interest; or
    2. A property interest subject to a power of appointment described in subsection (b) or (c) of Code Section 44-6-201,

      the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.

  3. For purposes of this article, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.

(Code 1981, §44-6-202, enacted by Ga. L. 1990, p. 1837, § 2.)


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