{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-124.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-124.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-124.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-124.html"}],"law_id":73807,"edition_id":1,"section_id":73807,"structure_id":15331,"section_number":"55.1-124","catch_line":"Uniform Statutory Rule Against Perpetuities","history":"2000, c. 714, \u00a7 55-12.1; 2019, c. 712; 2024, cc. 52, 123.","full_text":"A\n\nA nonvested property interest is invalid unless:1\n\nWhen the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or2\n\nThe interest either vests or terminates within 90 years after its creation.B\n\nA general power of appointment not presently exercisable because of a condition precedent is invalid unless:1\n\nWhen the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or2\n\nThe condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.C\n\nA nongeneral power of appointment or a general testamentary power of appointment is invalid unless:1\n\nWhen 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; or2\n\nThe power is irrevocably exercised or otherwise terminates within 90 years after its creation.D\n\nIn determining whether a nonvested property interest or a power of appointment is valid under subdivision A 1, B 1, or C 1, the possibility that a child will be born to an individual after the individual’s death is disregarded.E\n\nIf, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (i) seeks to disallow the vesting or termination of any interest or trust beyond, (ii) seeks to postpone the vesting or termination of any interest or trust until, or (iii) 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 of time that exceeds 21 years after the death of the survivor of the specified lives.F\n\nFor any nonvested interest in or power of appointment over personal property held in trust, or a power of appointment over personal property granted under a trust, if such interest or power is created on or after July 1, 2024, §§ 55.1-124 through 55.1-129 shall apply to such interest or power by substituting “1,000 years” in each instance in which the term “90 years” appears in §§ 55.1-124 through 55.1-129. This subsection shall not extend to a nonvested property interest in, or a power of appointment over, real property held in trust or a power of appointment over real property granted under a trust. For the purposes of this subsection, real property does not include an interest in a corporation, limited liability company, partnership, business trust, or other entity, even if such entity owns an interest in real property.","order_by":null,"text":{"0":{"id":265367,"text":"A nonvested property interest is invalid unless:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":265368,"text":"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; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":265369,"text":"The interest either vests or terminates within 90 years after its creation.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":265370,"text":"A general power of appointment not presently exercisable because of a condition precedent is invalid unless:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":265371,"text":"When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":265372,"text":"The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":265373,"text":"A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"7":{"id":265374,"text":"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; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"8":{"id":265375,"text":"The power is irrevocably exercised or otherwise terminates within 90 years after its creation.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"9":{"id":265376,"text":"In determining whether a nonvested property interest or a power of appointment is valid under subdivision A 1, B 1, or C 1, the possibility that a child will be born to an individual after the individual’s death is disregarded.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"10":{"id":265377,"text":"If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (i) seeks to disallow the vesting or termination of any interest or trust beyond, (ii) seeks to postpone the vesting or termination of any interest or trust until, or (iii) 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 of time that exceeds 21 years after the death of the survivor of the specified lives.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":265378,"text":"For any nonvested interest in or power of appointment over personal property held in trust, or a power of appointment over personal property granted under a trust, if such interest or power is created on or after July 1, 2024, §§ 55.1-124 through 55.1-129 shall apply to such interest or power by substituting “1,000 years” in each instance in which the term “90 years” appears in §§ 55.1-124 through 55.1-129. This subsection shall not extend to a nonvested property interest in, or a power of appointment over, real property held in trust or a power of appointment over real property granted under a trust. For the purposes of this subsection, real property does not include an interest in a corporation, limited liability company, partnership, business trust, or other entity, even if such entity owns an interest in real property.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15331,"edition_id":1,"name":"Rule Against Perpetuities","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13391,"metadata":{},"date_created":"2026-06-26 03:54:01","date_modified":"2026-06-26 03:54:01","permalink":{"id":244873,"object_type":"structure","relational_id":15331,"identifier":"2","token":"55.1\/I\/1\/2","url":"\/55.1\/I\/1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13391,"edition_id":1,"name":"Creation and Limitation of Estates","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13327,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":244773,"object_type":"structure","relational_id":13391,"identifier":"1","token":"55.1\/I\/1","url":"\/55.1\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13327,"edition_id":1,"name":"Property Conveyances","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":244771,"object_type":"structure","relational_id":13327,"identifier":"I","token":"55.1\/I","url":"\/55.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73807,"structure_id":15331,"section_number":"55.1-124","catch_line":"Uniform Statutory Rule Against Perpetuities","url":"\/55.1-124\/","token":"55.1\/I\/1\/2\/55.1-124","metadata":false},{"id":77510,"structure_id":15331,"section_number":"55.1-125","catch_line":"When nonvested property interest or power of appointment created","url":"\/55.1-125\/","token":"55.1\/I\/1\/2\/55.1-125","metadata":false},{"id":70778,"structure_id":15331,"section_number":"55.1-126","catch_line":"Reformation","url":"\/55.1-126\/","token":"55.1\/I\/1\/2\/55.1-126","metadata":false},{"id":58366,"structure_id":15331,"section_number":"55.1-127","catch_line":"Exclusions from statutory rule against perpetuities","url":"\/55.1-127\/","token":"55.1\/I\/1\/2\/55.1-127","metadata":false},{"id":82059,"structure_id":15331,"section_number":"55.1-128","catch_line":"Prospective application","url":"\/55.1-128\/","token":"55.1\/I\/1\/2\/55.1-128","metadata":false},{"id":76055,"structure_id":15331,"section_number":"55.1-129","catch_line":"Uniformity of application and construction","url":"\/55.1-129\/","token":"55.1\/I\/1\/2\/55.1-129","metadata":false},{"id":71379,"structure_id":15331,"section_number":"55.1-130","catch_line":"Certain limitations construed","url":"\/55.1-130\/","token":"55.1\/I\/1\/2\/55.1-130","metadata":false},{"id":66314,"structure_id":15331,"section_number":"55.1-131","catch_line":"Employee trusts","url":"\/55.1-131\/","token":"55.1\/I\/1\/2\/55.1-131","metadata":false},{"id":74471,"structure_id":15331,"section_number":"55.1-132","catch_line":"Determination of \"lives in being\" for purpose of rule against perpetuities","url":"\/55.1-132\/","token":"55.1\/I\/1\/2\/55.1-132","metadata":false},{"id":80573,"structure_id":15331,"section_number":"55.1-133","catch_line":"Application of the rule against perpetuities to nondonative transfers","url":"\/55.1-133\/","token":"55.1\/I\/1\/2\/55.1-133","metadata":false}],"next_section":{"id":77510,"structure_id":15331,"section_number":"55.1-125","catch_line":"When nonvested property interest or power of appointment created","url":"\/55.1-125\/","token":"55.1\/I\/1\/2\/55.1-125","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-124\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 714<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2019, chapter 712<\/a>; in 2024, chapters 52<\/a> and 123<\/a>.<\/p>","references":[{"id":73807,"section_number":"55.1-124","catch_line":"Uniform Statutory Rule Against Perpetuities","order_by":null,"url":"\/55.1-124\/"},{"id":77510,"section_number":"55.1-125","catch_line":"When nonvested property interest or power of appointment created","order_by":null,"url":"\/55.1-125\/"},{"id":70778,"section_number":"55.1-126","catch_line":"Reformation","order_by":null,"url":"\/55.1-126\/"},{"id":58366,"section_number":"55.1-127","catch_line":"Exclusions from statutory rule against perpetuities","order_by":null,"url":"\/55.1-127\/"},{"id":82059,"section_number":"55.1-128","catch_line":"Prospective application","order_by":null,"url":"\/55.1-128\/"},{"id":76055,"section_number":"55.1-129","catch_line":"Uniformity of application and construction","order_by":null,"url":"\/55.1-129\/"},{"id":80573,"section_number":"55.1-133","catch_line":"Application of the rule against perpetuities to nondonative transfers","order_by":null,"url":"\/55.1-133\/"},{"id":55065,"section_number":"64.2-2205","catch_line":"Exceptions","order_by":null,"url":"\/64.2-2205\/"}],"refers_to":[{"id":73807,"section_number":"55.1-124","catch_line":"Uniform Statutory Rule Against Perpetuities","order_by":null,"url":"\/55.1-124\/"},{"id":76055,"section_number":"55.1-129","catch_line":"Uniformity of application and construction","order_by":null,"url":"\/55.1-129\/"}],"permalink":{"id":244875,"object_type":"law","relational_id":73807,"identifier":"55.1-124","token":"55.1\/I\/1\/2\/55.1-124","url":"\/55.1-124\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-124\/","token":"55.1\/I\/1\/2\/55.1-124","dublin_core":{"Title":"Uniform Statutory Rule Against Perpetuities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-124","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A nonvested property interest is invalid unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> 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; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The interest either vests or terminates within 90 years after its creation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A general power of appointment not presently exercisable because of a condition precedent<\/span> is invalid unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> When the power is created, the condition precedent<\/span> is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The condition precedent<\/span> either is satisfied or becomes impossible to satisfy within 90 years after its creation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A nongeneral power of appointment or a general testamentary power of appointment is invalid unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> 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; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The power is irrevocably exercised or otherwise terminates within 90 years after its creation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In determining whether a nonvested property interest or a power of appointment is valid under subdivision A 1, B 1, or C 1, the possibility that a child will be born to an individual after the individual’s death is disregarded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument (i) seeks to disallow the vesting or termination of any interest or trust beyond, (ii) seeks to postpone the vesting or termination of any interest or trust until, or (iii) 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 of time that exceeds 21 years after the death of the survivor of the specified lives. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For any nonvested interest in or power of appointment over personal property held in trust, or a power of appointment over personal property granted under a trust, if such interest or power is created on or after July 1, 2024, §§ 55.1-124<\/a> through 55.1-129<\/a> shall apply to such interest or power by substituting “1,000 years” in each instance in which the term “90 years” appears in §§ 55.1-124<\/a> through 55.1-129<\/a>. This subsection shall not extend to a nonvested property interest in, or a power of appointment over, real property held in trust or a power of appointment over real property granted under a trust. For the purposes of this subsection, real property does not include an interest in a corporation, limited liability company, partnership, business trust, or other entity, even if such entity owns an interest in real property. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNIFORM STATUTORY RULE AGAINST PERPETUITIES (\u00a7 55.1-124)\n\nA. A nonvested property interest is invalid unless:\n\n 1. When the interest is created, it is certain to vest or terminate no later\n than 21 years after the death of an individual then alive; or\n\n 2. The interest either vests or terminates within 90 years after its creation.\n\nB. A general power of appointment not presently exercisable because of a\ncondition precedent is invalid unless:\n\n 1. When the power is created, the condition precedent is certain to be\n satisfied or becomes impossible to satisfy no later than 21 years after the\n death of an individual then alive; or\n\n 2. The condition precedent either is satisfied or becomes impossible to\n satisfy within 90 years after its creation.\n\nC. A nongeneral power of appointment or a general testamentary power of\nappointment is invalid unless:\n\n 1. When the power is created, it is certain to be irrevocably exercised or\n otherwise to terminate no later than 21 years after the death of an individual\n then alive; or\n\n 2. The power is irrevocably exercised or otherwise terminates within 90 years\n after its creation.\n\nD. In determining whether a nonvested property interest or a power of\nappointment is valid under subdivision A 1, B 1, or C 1, the possibility that a\nchild will be born to an individual after the individual’s death is\ndisregarded.\n\nE. If, in measuring a period from the creation of a trust or other property\narrangement, language in a governing instrument (i) seeks to disallow the\nvesting or termination of any interest or trust beyond, (ii) seeks to postpone\nthe vesting or termination of any interest or trust until, or (iii) seeks to\noperate in effect in any similar fashion upon, the later of (a) the expiration\nof a period of time not exceeding 21 years after the death of the survivor of\nspecified lives in being at the creation of the trust or other property\narrangement or (b) the expiration of a period of time that exceeds or might\nexceed 21 years after the death of the survivor of lives in being at the\ncreation of the trust or other property arrangement, that language is\ninoperative to the extent it produces a period of time that exceeds 21 years\nafter the death of the survivor of the specified lives.\n\nF. For any nonvested interest in or power of appointment over personal property\nheld in trust, or a power of appointment over personal property granted under a\ntrust, if such interest or power is created on or after July 1, 2024,\n§§ 55.1-124 through 55.1-129 shall apply to such interest or power by\nsubstituting “1,000 years” in each instance in which the term\n“90 years” appears in §§ 55.1-124 through 55.1-129. This\nsubsection shall not extend to a nonvested property interest in, or a power of\nappointment over, real property held in trust or a power of appointment over\nreal property granted under a trust. For the purposes of this subsection, real\nproperty does not include an interest in a corporation, limited liability\ncompany, partnership, business trust, or other entity, even if such entity owns\nan interest in real property.\n\nHISTORY: 2000, c. 714, \u00a7 55-12.1; 2019, c. 712; 2024, cc. 52, 123.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}