Reformation

Checkout our iOS App for a better way to browser and research.

Upon 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 ninety (90) years allowed by Section 89-25-3(1)(b), (2)(b) or (3)(b) or the three hundred sixty (360) years allowed in Section 89-25-9(h), if:

A nonvested property interest or a power of appointment becomes invalid under Section 89-25-3;

A class gift is not invalid, but might become invalid under Section 89-25-3, and the time has arrived when the share of any class member is to take effect in possession or enjoyment;

A nonvested property interest that is not validated by Section 89-25-3(1)(a) can vest but not within ninety (90) years after its creation; or

In the case of a trust which otherwise meets the requirements of Section 89-25-9(h), all beneficial interests in the trust can vest or the trust can terminate but not within three hundred sixty (360) years.


Download our app to see the most-to-date content.