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Ohio Revised Code

Ohio Rev. Code § 2131.08 (2026)

Rule against perpetuities

✓ current as of May 2026
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Effective:
March 27, 2013
Latest Legislation:
House Bill 479 - 129th General Assembly
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(A) Subject to sections 1746.14, 1747.09, and 2131.09 of the Revised Code, no interest in real or personal property shall be good unless it must vest, if at all, not later than twenty-one years after a life or lives in being at the creation of the interest. All estates given in tail, by deed or will, in real property lying within this state shall be and remain an absolute estate in fee simple to the issue of the first donee in tail. It is the intention by the adoption of this section to make effective in this state what is generally known as the common law rule against perpetuities, except as set forth in divisions (B) and (C) of this section.

(B) For the purposes of this section and subject to sections 1746.14, 1747.09, and 2131.09 of the Revised Code, the time of the creation of an interest in real or personal property subject to a power reserved by the grantor to revoke or terminate the interest shall be the time at which the reserved power expires by reason of the death of the grantor, by release of the power, or otherwise.

(C) Any interest in real or personal property that would violate the rule against perpetuities under division (A) of this section shall be reformed, within the limits of the rule, to approximate most closely the intention of the creator of the interest. In determining whether an interest would violate the rule and in reforming an interest, the period of perpetuities shall be measured by actual rather than possible events.

(D) For purposes of this section and subject to sections 1746.14, 1747.09, and 2131.09 of the Revised Code, the following apply:

(1) The time of the creation of an interest in real or personal property resulting from the exercise of a general power of appointment exercisable in a nonfiduciary capacity by deed, whether or not also exercisable by will, shall be the time at which that power of appointment is exercised.

(2) The time of the creation of an interest in real or personal property resulting from the termination, without exercise, of a general power of appointment exercisable in a nonfiduciary capacity by deed, whether or not also exercisable by will, shall be the time at which that power of appointment terminates by reason of the death of the power holder, by release of the power, or otherwise.

(E) Divisions (B) and (C) of this section shall be effective with respect to interests in real or personal property created by wills of decedents dying after December 31, 1967, with respect to interests in real or personal property created by inter vivos instruments executed after December 31, 1967, and with respect to interests in real or personal property created by inter vivos instruments executed on or before December 31, 1967, that by reason of division (B) of this section will be treated as interests created after December 31, 1967. Divisions (B) and (C) of this section shall be effective with respect to interests in real or personal property created by the exercise of a power of appointment if divisions (B) and (C) of this section apply to the instrument that exercises the power, whether or not divisions (B) and (C) of this section apply to the instrument that creates the power.

(F) Divisions (D) and (G) of this section are intended to be a statement of the common law of this state and shall be effective with respect to interests in real or personal property whenever created.

(G) For purposes of this section:

(1) "General power of appointment" has the same meaning as in section 2131.09 of the Revised Code.

(2) "Exercisable by deed" in reference to a power of appointment means a power that can be exercised during the power holder's lifetime by an instrument that takes effect immediately.
Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1954–2024 · leading case: Tiger, Inc. v. Time Warner Ent. Co., LP, 26 F. Supp. 2d 1011 (N.D. Ohio 1998).
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Tiger, Inc. v. Time Warner Ent. Co., LP, 26 F. Supp. 2d 1011 (N.D. Ohio 1998). · cites it 14× “In Ohio, the rule against perpetuities is codified at Ohio Rev.Code § 2131.08. This section states, in pertinent part: (A) No interest in real or personal property shall be good unless it must vest, if at all, not later than twenty-one years after a life or lives in being at the…”
Schafer v. Deszcz, 698 N.E.2d 60 (Ohio Ct. App. 1997). · cites it 6× “The Ottawa County Court of Common Pleas found that a deed restriction involving the right of first refusal violated the rule against perpetuities, as codified in R.C. 2131.08. In 1994, appellees, James P.”
Hanahan v. DPA Dev., L.L.C., 2021 Ohio 1212 (Ohio Ct. App. 2021). · cites it 4× “{¶ 42} When R.C. 2131.08 was amended in 1967, subsection (C) was added.”
In re Depascale, 496 B.R. 860 (Bankr. N.D. Ohio 2013). · cites it 4× “The application of the amendments made by this act to section 2131.08 of the Revised Code is provided [for] in division (F) of section 2131.”
In re Kyle, 510 B.R. 804 (Bankr. S.D. Ohio 2014). · cites it 4× “The application of the amendments made by this act to section 2131.08 of the Revised Code is provided [for] in division (F) of section 2131.”
Bd. of Commissioners v. City of Cincinnati, 797 N.E.2d 1027 (Ohio Ct. App. 2003). · cites it 3× “39, and as the General Assembly had the authority to transfer the property by enactment, the trial court erred in nullifying the 1997 transfer on the basis of noncompliance with R.C.”
State v. Holland, 2014 Ohio 1964 (Ohio Ct. App. 2014). · cites it 2× “3 "Columbus City Code section 2131.08(a)(1) * * * is substantially similar to Revised Code section 4511.”
Casey v. Gallagher, 227 N.E.2d 801 (Ohio 1967). · cites it 2× “The only limitation in Ohio on a testator’s right to create successive life estates by will is the rule against perpetuities (Section 2131.08, Revised Code), which is not violated here because all income interests must vest within the life of the survivor of testator’s children,…”
Werling v. Sandy, 476 N.E.2d 1053 (Ohio 1985). “2105.14. A child in gestation who is subsequently born alive may be considered a life in being throughout the gestation period for purposes of the now statutory rule against perpetuities.”
Gwinner, Exr. v. Schoeny, 171 N.E.2d 728 (Ohio Ct. App. 1960). · cites it 12× “The Probate Court held that the provisions of item 9 of the will violated Section 2131.08 of the Revised Code, and that therefore the item was illegal and void, and that all the property embraced therein descended as intestate property.”
Stratman v. Sheetz, 573 N.E.2d 776 (Ohio Ct. App. 1989). · cites it 2× “* * * It is the intention by the adoption of this section to make effective in Ohio what is generally known as the common law rule against perpetuities, except as set forth in divisions (B) and (C) of this section.”
Cleveland Trust Co. v. McQuade, 142 N.E.2d 249 (Ohio Ct. App. 1957). · cites it 2× “For the common law, we must look to that general system of law which prevails and prevailed in England, and in the United States by adoption, and “ ‘the best evidence’ of what that law is, ‘is to be found in the decisions of courts of justice, contained in books of reports, and…”
Show all 20 citing cases →
— Ohio Rev. Code § 2131.08(A) — 6 cases
Werling v. Sandy, 476 N.E.2d 1053 (Ohio 1985). “2105.14. A child in gestation who is subsequently born alive may be considered a life in being throughout the gestation period for purposes of the now statutory rule against perpetuities.”
Bd. of Commissioners v. City of Cincinnati, 797 N.E.2d 1027 (Ohio Ct. App. 2003). “39, and as the General Assembly had the authority to transfer the property by enactment, the trial court erred in nullifying the 1997 transfer on the basis of noncompliance with R.C.”
Hanahan v. DPA Dev., L.L.C., 2021 Ohio 1212 (Ohio Ct. App. 2021). “{¶ 42} When R.C. 2131.08 was amended in 1967, subsection (C) was added.”
Tiger, Inc. v. Time Warner Ent. Co., LP, 26 F. Supp. 2d 1011 (N.D. Ohio 1998). “In Ohio, the rule against perpetuities is codified at Ohio Rev.Code § 2131.08. This section states, in pertinent part: (A) No interest in real or personal property shall be good unless it must vest, if at all, not later than twenty-one years after a life or lives in being at the…”
Treinen v. Kollasch-Schlueter, 902 N.E.2d 998 (Ohio Ct. App. 2008).
— Ohio Rev. Code § 2131.08(C) — 3 cases
Bd. of Commissioners v. City of Cincinnati, 797 N.E.2d 1027 (Ohio Ct. App. 2003). “39, and as the General Assembly had the authority to transfer the property by enactment, the trial court erred in nullifying the 1997 transfer on the basis of noncompliance with R.C.”
Hanahan v. DPA Dev., L.L.C., 2021 Ohio 1212 (Ohio Ct. App. 2021). “{¶ 42} When R.C. 2131.08 was amended in 1967, subsection (C) was added.”
Tiger, Inc. v. Time Warner Ent. Co., LP, 26 F. Supp. 2d 1011 (N.D. Ohio 1998). “In Ohio, the rule against perpetuities is codified at Ohio Rev.Code § 2131.08. This section states, in pertinent part: (A) No interest in real or personal property shall be good unless it must vest, if at all, not later than twenty-one years after a life or lives in being at the…”
— Ohio Rev. Code § 2131.08(a)(1) — 1 case
State v. Holland, 2014 Ohio 1964 (Ohio Ct. App. 2014). “3 "Columbus City Code section 2131.08(a)(1) * * * is substantially similar to Revised Code section 4511.”
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