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WV HB2711

Bill

Status

Passed

4/25/2025

Primary Sponsor

James Akers

Click for details

Origin

House of Delegates

2025 Regular Session

AI Summary

  • Extends the rule against perpetuities from 90 years to 1,000 years for trusts created on or after July 1, 2025, allowing property interests and powers of appointment to remain valid for up to a millennium

  • Treats all future interests created through chains of nongeneral or testamentary powers of appointment as if created at the time of the first such power, preventing manipulation to extend trust duration

  • Establishes a rule of construction presuming that transferors intended property interests to be valid under perpetuities rules unless a contrary intent appears in the instrument

  • Allows trusts to specify a shorter vesting period than 1,000 years if the trust terms expressly require beneficial interests to vest or terminate within a lesser timeframe

  • Takes effect July 7, 2025 (90 days from passage on April 8, 2025), and applies to powers of appointment created before that date only to the extent they remain unexercised

Legislative Description

Relating to the repeal of the common law rule against perpetuities by extending it to 1,000 years for all trusts

Estates and Trusts

Last Action

Approved by Governor 4/25/2025 - Senate Journal

4/12/2025

Committee Referrals

Judiciary3/13/2025
Courts3/4/2025
Judiciary2/20/2025

Full Bill Text

No bill text available