{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-132.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-132.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-132.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-132.html"}],"law_id":74471,"edition_id":1,"section_id":74471,"structure_id":15331,"section_number":"55.1-132","catch_line":"Determination of “lives in being” for purpose of rule against perpetuities","history":"1966, c. 260, \u00a7 55-13.2; 2000, c. 714; 2019, c. 712.","full_text":"A\n\nFor the purpose of determining whether the terms of an inter vivos trust provide for a duration in excess of that allowed under the rule against perpetuities, the determination of “lives in being” shall be made as of the death of the settlor, if the settlor has at his death the unrestricted right, acting alone, to revoke the trust or to have transferred to himself the entire legal and beneficial interest in all property, both principal and income, held in the trust. In the event that the settlor surrenders both such rights at any time prior to his death, the determination of “lives in being” shall be made as of the time that the settlor, upon establishment of the trust or otherwise, surrenders the unrestricted right acting alone to revoke the trust and the unrestricted right acting alone to have transferred to himself the entire legal and beneficial interest in all property, both principal and income, held in the trust.B\n\nThis section shall apply only to a nonvested property interest in an inter vivos trust created before July 1, 2000.","order_by":null,"text":{"0":{"id":267647,"text":"For the purpose of determining whether the terms of an inter vivos trust provide for a duration in excess of that allowed under the rule against perpetuities, the determination of “lives in being” shall be made as of the death of the settlor, if the settlor has at his death the unrestricted right, acting alone, to revoke the trust or to have transferred to himself the entire legal and beneficial interest in all property, both principal and income, held in the trust. In the event that the settlor surrenders both such rights at any time prior to his death, the determination of “lives in being” shall be made as of the time that the settlor, upon establishment of the trust or otherwise, surrenders the unrestricted right acting alone to revoke the trust and the unrestricted right acting alone to have transferred to himself the entire legal and beneficial interest in all property, both principal and income, held in the trust.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":267648,"text":"This section shall apply only to a nonvested property interest in an inter vivos trust created before July 1, 2000.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-132\/","history_text":"

This law was first created in 1966. The record of its establishment is cataloged in chapter 260 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. Unfortunately, the 1966 \u201cActs\u201d aren\u2019t available online. 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 2000, chapter 714<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":244907,"object_type":"law","relational_id":74471,"identifier":"55.1-132","token":"55.1\/I\/1\/2\/55.1-132","url":"\/55.1-132\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-132\/","token":"55.1\/I\/1\/2\/55.1-132","dublin_core":{"Title":"Determination of “lives in being” for purpose of rule against perpetuities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-132","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purpose of determining whether the terms of an inter vivos trust provide for a duration in excess of that allowed under the rule against perpetuities, the determination of “lives in being” shall be made as of the death of the settlor, if the settlor has at his death the unrestricted right, acting alone, to revoke the trust or to have transferred to himself the entire legal and beneficial interest in all property, both principal and income, held in the trust. In the event that the settlor surrenders both such rights at any time prior to his death, the determination of “lives in being” shall be made as of the time that the settlor, upon establishment of the trust or otherwise, surrenders the unrestricted right acting alone to revoke the trust and the unrestricted right acting alone to have transferred to himself the entire legal and beneficial interest in all property, both principal and income, held in the trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> This section shall apply only to a nonvested property interest in an inter vivos trust created before July 1, 2000. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATION OF “LIVES IN BEING” FOR PURPOSE OF RULE AGAINST\nPERPETUITIES (\u00a7 55.1-132)\n\nA. For the purpose of determining whether the terms of an inter vivos trust\nprovide for a duration in excess of that allowed under the rule against\nperpetuities, the determination of “lives in being” shall be made as\nof the death of the settlor, if the settlor has at his death the unrestricted\nright, acting alone, to revoke the trust or to have transferred to himself the\nentire legal and beneficial interest in all property, both principal and income,\nheld in the trust. In the event that the settlor surrenders both such rights at\nany time prior to his death, the determination of “lives in being”\nshall be made as of the time that the settlor, upon establishment of the trust\nor otherwise, surrenders the unrestricted right acting alone to revoke the trust\nand the unrestricted right acting alone to have transferred to himself the\nentire legal and beneficial interest in all property, both principal and income,\nheld in the trust.\n\nB. This section shall apply only to a nonvested property interest in an inter\nvivos trust created before July 1, 2000.\n\nHISTORY: 1966, c. 260, \u00a7 55-13.2; 2000, c. 714; 2019, c. 712.","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}}