Section 9-1.3. Rules of construction  


Latest version.
  • (a)  Unless  a  contrary  intention appears, the rules of construction
      provided in this section govern with respect to any matter affecting the
      rule against perpetuities.
        (b) It shall be presumed that the creator intended the  estate  to  be
      valid.
        (c)  Where  an  estate  would,  except  for this paragraph, be invalid
      because of the possibility that the  person  to  whom  it  is  given  or
      limited  may be a person not in being at the time of the creation of the
      estate, and such person is referred to in the instrument  creating  such
      estate  as  the spouse of another without other identification, it shall
      be presumed that such reference is to a person in being on the effective
      date of the instrument.
        (d) Where the duration or vesting of an estate is contingent upon  the
      probate  of  a  will,  the appointment of a fiduciary, the location of a
      distributee, the payment of debts, the sale of assets, the settlement of
      an estate, the determination of  questions  relating  to  an  estate  or
      transfer tax or the occurrence of any specified contingency, it shall be
      presumed  that  the  creator of such estate intended such contingency to
      occur, if at all, within twenty-one years from the effective date of the
      instrument creating such estate.
        (e) (1) Where the validity of a disposition depends upon  the  ability
      of  a  person to have a child at some future time, it shall be presumed,
      subject to subparagraph (2), that a male can have a  child  at  fourteen
      years of age or over, but not under that age, and that a female can have
      a  child  at twelve years of age or over, but not under that age or over
      the age of fifty-five years.
        (2) In the case of a living person, evidence may be given to establish
      whether he or she is able to have a child at the time in question.
        (3) Where the validity of a disposition depends upon the ability of  a
      person  to  have  a child at some future time, the possibility that such
      person may have a child by adoption shall be disregarded.
        (4) The provisions of subparagraphs (1), (2) and (3) shall  not  apply
      for  any  purpose  other  than  that  of  determining  the validity of a
      disposition under the rule  against  perpetuities  where  such  validity
      depends  on the ability of a person to have a child at some future time.
      A determination of validity or invalidity of  a  disposition  under  the
      rule  against perpetuities by the application of subparagraph (1) or (2)
      or (3) shall not be  affected  by  the  later  occurrence  of  facts  in
      contradiction  to the facts presumed or determined or the possibility of
      adoption disregarded under subparagraphs (1) or (2) or (3).