South Carolina § 27-6-40 Reformation of property dispositions.

South Carolina Statutes

§ 27-6-40 — Reformation of property dispositions.

South Carolina § 27-6-40

Title 27PROPERTY AND CONVEYANCES

Ch. 6UNIFORM STATUTORY RULE AGAINST PERPETUITIES

This text of South Carolina § 27-6-40 (Reformation of property dispositions.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 27-6-40 (2026).

Text

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 three hundred sixty years permitted by this chapter if:

(1)a nonvested property interest or a power of appointment becomes invalid under Section 27-6-20;

(2)a class gift is not but may become invalid under Section 27-6-20 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 Section 27-6-20(A)(1) can vest but not within three hundred sixty 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 three hundred sixty years permitted by this chapter if: (1) a nonvested property interest or a power of appointment becomes invalid under Section 27-6-20; (2) a class gift is not but may become invalid under Section 27-6-20 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 Section 27-6-20(A)(1) can vest but not within three hundred sixty years after its creation.

Legislative History

HISTORY: 1987 Act No. 12, SECTION 1; 2025 Act No. 25 (H.3432), SECTION 2, eff May 8, 2025. Effect of Amendment 2025 Act No. 25, SECTION 2, twice substituted "three hundred sixty years" for "ninety years" and made other nonsubstantive changes throughout the section.