91st General Assembly
Status of HB2874
   [ Home ]   [ Back ]   [ Legislation ]
Legislation:  
Please enter a bill number.



 Full Text  Bill Summary
SCHOENBERG.

   New Act                                                                     
   765 ILCS 305/2            from Ch. 30, par. 192                             
   765 ILCS 305/6            from Ch. 30, par. 196                             
   765 ILCS 310/1            from Ch. 30, par. 153a                            
   765 ILCS 315/1            from Ch. 30, par. 153                             

        Creates  the  Uniform  Statutory  Rule  Against  Perpetuities  to      
   supersede  the  common  law  rule.  Amends  the   Statute   Concerning      
   Perpetuities, the Perpetuities Vesting Act, and the Trust Accumulation      
   Act.  Contains  provisions  under  which  the disposition of nonvested      
   property interests and powers of  appointment  that  would  have  been      
   valid  under  the  common  law  rule remain valid as of their creation      
   under the statutory rule. Instead of invalidating an interest or power      
   because of what might happen, as the common law rule does,  adopts  an      
   approach  of  waiting to see what does happen by establishing a period      
   of 90  years  from  the  creation  of  the  interest  or  power  as  a      
   permissible   vesting   period.    Provides   for   postponement   and      
   nonstaggered  commencement  of  the  time  when  certain interests and      
   powers are treated as being created for purposes  of  determining  the      
   vesting  period.   Requires  courts  to  reform instruments within the      
   90-year period prescribed by  the  Act  upon  proper  petition  by  an      
   interested  party.   Excludes  specific  types of interests and powers      
   from the Act's application.  Applies prospectively only. Provides that      
   the Statute Concerning Perpetuities, the Perpetuities Vesting Act, and      
   the Trust  Accumulation  Act  apply  only  to  interests  created  and      
   instruments  that  become  effective  before the effective date of the      
   Uniform Statutory Rule Against Perpetuities.                                
   99-05-27  H  FILED WITH CLERK                                               
   99-06-02  H  FIRST READING                                                  
   99-06-02  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   01-01-09  H  SESSION SINE DIE                                               

   END OF INQUIRY 



 Full Text  Bill Summary