55-111A. SUSPENSION OF POWER OF ALIENATION — FUTURE INTEREST BY POWER OF APPOINTMENT. (1) The absolute power of alienation of property cannot be suspended by any limitation or condition whatever, for a longer permissible period than during the continuance of the lives of the persons in being at the creation of the limitation or condition, and twenty-five (25) years thereafter. No trust heretofore or hereafter created, either testamentary or inter vivos, shall be declared void, but shall be so construed as to eliminate parts violating the above provisions, and in such a way that the testators or trustors wishes are carried out to the greatest extent permitted by this section; and there shall be no presumption that a person is capable of having children at any stage of adult life.
(2) If a future interest or trust is created by exercise of a power of appointment, the permissible period is computed from the time the power is exercised if the power is a general power including a testamentary general power or from the time the power is created if the power is not a general power.
(3) Notwithstanding the provisions of subsection (1) of this section, there is no suspension of the power of alienation of property by a trust or by equitable interests under a trust if the trustee has power to sell, either express or implied, or if there is an unlimited power to terminate in one (1) or more persons in being.
(4) Furthermore, the provisions of subsection (1) of this section shall not limit transfers, outright or in trust, for charitable purposes or transfers to charitable entities.
History:
[55-111A, added 2008, ch. 77, sec. 2, p. 205.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS
Section 55-101 - REAL PROPERTY DEFINED.
Section 55-101A - “LANDS” DEFINED.
Section 55-101B - “CONDOMINIUM” DEFINED.
Section 55-102 - PERSONAL PROPERTY DEFINED.
Section 55-103 - WHO MAY OWN PROPERTY.
Section 55-104 - INTERESTS IN COMMON.
Section 55-105 - FUTURE INTERESTS — WHEN VESTED.
Section 55-106 - CONTINGENT INTERESTS.
Section 55-107 - ALTERNATIVE FUTURE INTERESTS.
Section 55-108 - INHERITANCE BY POSTHUMOUS CHILDREN.
Section 55-109 - TRANSFER AND DEVOLUTION OF FUTURE INTERESTS.
Section 55-110 - POSSIBILITIES.
Section 55-111 - NO RULE AGAINST PERPETUITIES.
Section 55-111A - SUSPENSION OF POWER OF ALIENATION — FUTURE INTEREST BY POWER OF APPOINTMENT.
Section 55-112 - FUTURE INTERESTS DEFEATED.
Section 55-113 - FUTURE INTERESTS NOT DEFEATED.
Section 55-114 - FUTURE INTERESTS NOT DEFEATED BY PREMATURE DETERMINATION OF PRECEDENT ESTATE.