South Carolina § 27-6-30 Creation of property interests and powers of appointment.

South Carolina Statutes

§ 27-6-30 — Creation of property interests and powers of appointment.

South Carolina·Title 27 PROPERTY AND CONVEYANCES·Ch. 6 UNIFORM STATUTORY RULE AGAINST PERPETUITIES

(A)Except as provided in subsections (B) and (C) and in SECTION 27-6-60(A), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

(B)If there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in SECTION 27-6-20(B) or 27-6-20(C), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. A joint power with respect to community property or to marital property under a Uniform Marital Property Act held by individuals married to each other is a power exercisab

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(A) Except as provided in subsections (B) and (C) and in SECTION 27-6-60(A), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (B) If there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in SECTION 27-6-20(B) or 27-6-20(C), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. A joint power with respect to community property or to marital property under a Uniform Marital Property Act held by individuals married to each other is a power exercisable by one person alone. (C) A nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.

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