Judicial Reformation of Property Disposition

  1. Law
  2. Tennessee Code
  3. Property
  4. Estates in Property
  5. Tennessee Uniform Statutory Rule Against Perpetuities
  6. Judicial Reformation of Property Disposition

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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 ninety (90) years allowed by §§66-1-202(a)(2), (b)(2) or (c)(2) if any of the following conditions is satisfied:

  1. A nonvested property interest or a power of appointment becomes invalid under the statutory rule against perpetuities provided in § 66-1-202;
  2. A class gift is not but might become invalid under the statutory rule against perpetuities provided in § 66-1-202, 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 § 66-1-202(a)(1) can vest but not within ninety (90) years after its creation.


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