41-17. Reformation.
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 90 years allowed by G.S. 41-15(a)(2), 41-15(b)(2), or 41-15(c)(2) if:
(1) A nonvested property interest or a power of appointment becomes invalid under G.S. 41-15;
(2) A class gift is not invalid under G.S. 41-15, but might become invalid under G.S. 41-15, and the time has arrived when the share of any class is to take effect in possession or enjoyment; or
(3) A nonvested property interest that is not validated by G.S. 41-15(a)(1) can vest but not within 90 years after its creation. (1995, c. 190, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Uniform Statutory Rule Against Perpetuities.
§ 41-15 - Statutory rule against perpetuities.
§ 41-16 - When nonvested property interest or power of appointment created.
§ 41-18 - Exclusions from statutory rule against perpetuities.
§ 41-19 - Prospective application.
§ 41-21 - Uniformity of application and construction.
§ 41-23 - Perpetuities and suspension of power of alienation for trusts.