Kansas § 59-3403 Same; reformation

Kansas Statutes

§ 59-3403 — Same; reformation

Kansas·Ch. 59 PROBATE CODE·Art. 34 UNIFORM STATUTORY RULE AGAINST PERPETUITIES

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 subsections (a)(2), (b)(2) or (c)(2) of K.S.A. 59-3401 if:

(1)A nonvested property interest or a power of appointment becomes invalid under K.S.A. 59-3401, statutory rule against perpetuities;

(2)a class gift is not but might become invalid under K.S.A. 59-3401, statutory rule against perpetuities, and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

(3)a nonvested property interest that is not validated by subsection (a)(1) of K.S.A. 59-3401 can vest but not within 90 years after its creation.

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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 subsections (a)(2), (b)(2) or (c)(2) of K.S.A. 59-3401 if:
(1) A nonvested property interest or a power of appointment becomes invalid under K.S.A. 59-3401, statutory rule against perpetuities;
(2) a class gift is not but might become invalid under K.S.A. 59-3401, statutory rule against perpetuities, and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) a nonvested property interest that is not validated by subsection (a)(1) of K.S.A. 59-3401 can vest but not within 90 years after its creation.

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