{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-125.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-125.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-125.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-125.html"}],"law_id":77510,"edition_id":1,"section_id":77510,"structure_id":15331,"section_number":"55.1-125","catch_line":"When nonvested property interest or power of appointment created","history":"2000, c. 714, \u00a7 55-12.2; 2019, c. 712; 2024, cc. 52, 123.","full_text":"A\n\nExcept as provided in this section and in subsection B of § 55.1-128, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.B\n\nFor the purposes of §§ 55.1-124 through 55.1-129, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in subsection B or C of § 55.1-124, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.C\n\nFor the purposes of §§ 55.1-124 through 55.1-129, 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.D\n\nFor the purposes of §§ 55.1-124 through 55.1-129, except as provided in subsection B of § 55.1-128, if a nongeneral or testamentary power of appointment is exercised to create another nongeneral or testamentary power of appointment, every nonvested property interest or power of appointment created through the exercise of such other nongeneral or testamentary power is considered to have been created at the time of the creation of the first nongeneral or testamentary power of appointment.","order_by":null,"text":{"0":{"id":278039,"text":"Except as provided in this section and in subsection B of § 55.1-128, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278040,"text":"For the purposes of §§ 55.1-124 through 55.1-129, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in subsection B or C of § 55.1-124, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":278041,"text":"For the purposes of §§ 55.1-124 through 55.1-129, 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":278042,"text":"For the purposes of §§ 55.1-124 through 55.1-129, except as provided in subsection B of § 55.1-128, if a nongeneral or testamentary power of appointment is exercised to create another nongeneral or testamentary power of appointment, every nonvested property interest or power of appointment created through the exercise of such other nongeneral or testamentary power is considered to have been created at the time of the creation of the first nongeneral or testamentary power of appointment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-125\/","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":false,"refers_to":[{"id":73807,"section_number":"55.1-124","catch_line":"Uniform Statutory Rule Against Perpetuities","order_by":null,"url":"\/55.1-124\/"},{"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\/"}],"permalink":{"id":244879,"object_type":"law","relational_id":77510,"identifier":"55.1-125","token":"55.1\/I\/1\/2\/55.1-125","url":"\/55.1-125\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-125\/","token":"55.1\/I\/1\/2\/55.1-125","dublin_core":{"Title":"When nonvested property interest or power of appointment created","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-125","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in this section and in subsection B of § 55.1-128<\/a>, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For the purposes of §§ 55.1-124<\/a> through 55.1-129<\/a>, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in subsection B or C of § 55.1-124<\/a>, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of §§ 55.1-124<\/a> through 55.1-129<\/a>, 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purposes of §§ 55.1-124<\/a> through 55.1-129<\/a>, except as provided in subsection B of § 55.1-128<\/a>, if a nongeneral or testamentary power of appointment is exercised to create another nongeneral or testamentary power of appointment, every nonvested property interest or power of appointment created through the exercise of such other nongeneral or testamentary power is considered to have been created at the time of the creation of the first nongeneral or testamentary power of appointment. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN NONVESTED PROPERTY INTEREST OR POWER OF APPOINTMENT CREATED (\u00a7 55.1-125)\n\nA. Except as provided in this section and in subsection B of § 55.1-128,\nthe time of creation of a nonvested property interest or a power of appointment\nis determined under general principles of property law.\n\nB. For the purposes of §§ 55.1-124 through 55.1-129, if there is a\nperson who alone can exercise a power created by a governing instrument to\nbecome the unqualified beneficial owner of (i) a nonvested property interest or\n(ii) a property interest subject to a power of appointment described in\nsubsection B or C of § 55.1-124, the nonvested property interest or power\nof appointment is created when the power to become the unqualified beneficial\nowner terminates.\n\nC. For the purposes of §§ 55.1-124 through 55.1-129, a nonvested\nproperty interest or a power of appointment arising from a transfer of property\nto a previously funded trust or other existing property arrangement is created\nwhen the nonvested property interest or power of appointment in the original\ncontribution was created.\n\nD. For the purposes of §§ 55.1-124 through 55.1-129, except as\nprovided in subsection B of § 55.1-128, if a nongeneral or testamentary\npower of appointment is exercised to create another nongeneral or testamentary\npower of appointment, every nonvested property interest or power of appointment\ncreated through the exercise of such other nongeneral or testamentary power is\nconsidered to have been created at the time of the creation of the first\nnongeneral or testamentary power of appointment.\n\nHISTORY: 2000, c. 714, \u00a7 55-12.2; 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}}