PROBATE COURTS AND DECEDENTS' ESTATES
JUDGES OF PROBATE AND THEIR JURISDICTION
547:3-k Exemption from the Rule Against Perpetuities.
The probate court shall not apply the common law rule against perpetuities to any disposition of property or interest therein, created after the effective date of this section, if:
I. The instrument making the disposition or creating the interest contains a provision which expressly exempts the instrument from the application of the rule against perpetuities; and
II. The trustee, or other person to whom the power is properly granted or delegated, has the power under the governing instrument, applicable statute, or common law, to sell, mortgage, or lease property for any period of time beyond the period that is required for an interest created under the governing instrument to vest in order to be valid under the rule against perpetuities.
Source. 2003, 143:1, eff. Jan. 1, 2004.