Sec. 34.27.100. Suspension of the power of alienation.

511 words·~2 min read·/ak/title-34/chapter-27/34-27-100

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A future interest or trust is void if, as to property subject to the future interest or trust,

(1)the future interest or trust suspends the power of alienation of the property, the suspension of the power of alienation is for a period of at least 30 years after the death of an individual alive at the time of the creation of the future interest or trust, and the suspension of the power of alienation occurs in the document creating the future interest or trust;

(2)the future interest or trust suspends the power of alienation of the property and the suspension of the power of alienation is for a period of at least 30 years after the death of an individual alive at the time of the creation of the future interest or trust as computed from the time of the termination of a settlor's power to revoke the trust;

(3)the future interest or trust suspends the power of alienation of the property, the future interest or trust is created by the exercise of a presently exercisable general power of appointment, whether by will or otherwise, and the suspension of the power of alienation is for a period of at least 30 years after the death of an individual alive at the time of the creation of the future interest or trust as computed from the time of creation of the presently exercisable power of appointment; or

(4)the future interest or trust suspends the power of alienation of the property, the future interest or trust is created by the exercise of a nongeneral or testamentary general power of appointment, and the suspension of the power of alienation is for a period of at least 30 years after the death of an individual alive at the time of the creation of the future interest or trust as computed from the time of creation of the original instrument or conveyance creating the original power of appointment that was exercised to create a new or successive nongeneral or testamentary general power of appointment.

(b)For purposes of

(a)of this section, the power of alienation

(1)is suspended if there is no person alive who, alone or in combination with others, can, as to property that is part of the future interest or trust, convey

(A)title to real property in fee; or

(B)complete ownership of personal property;

(2)is not suspended by a future interest or trust or by an equitable interest in a trust if

(A)the trustee of the trust has power, either express or implied, to sell the property; or

(B)at least one person alive at the time the trust was created has an unlimited power to terminate the trust.

(c)The provisions of

(a)of this section do not apply to a transfer

(1)made outright or in trust for a charitable purpose;

(2)to a literary or charitable organization;

(3)to a veterans' memorial organization; or

(4)to a cemetery corporation, society, or association.