Reform of Disposition by Court to Approximate Transferor's Plan of Distribution

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  2. Georgia Code
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  5. Uniform Statutory Rule Against Perpetuities
  6. Reform of Disposition by Court to Approximate Transferor's Plan of Distribution

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Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the number of years allowed by paragraph (2) of subsection (a), (b), or (c) of Code Section 44-6-201 if:

  1. A nonvested property interest or a power of appointment becomes invalid under Code Section 44-6-201;
  2. A class gift is not but might still become invalid under Code Section 44-6-201 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
  3. A nonvested property interest that is not validated by paragraph (1) of subsection (a) of Code Section 44-6-201 can vest, but not within 360 years after its creation.

(Code 1981, §44-6-203, enacted by Ga. L. 1990, p. 1837, § 2; Ga. L. 2018, p. 262, § 2/HB 121.)

The 2018 amendment, effective July 1, 2018, substituted "number of years allowed by paragraph (2) of subsection (a), (b), or (c)" for "90 years allowed by paragraph (2) of subsection (a), paragraph (2) of subsection (b), or paragraph (2) of subsection (c)" in the middle of the introductory paragraph; and substituted "360 years" for "90 years" in paragraph (3).

Law reviews.

- For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).


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