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Oregon Revised Statutes

Or. Rev. Stat. § 105.950 (2026)

Statutory rule against perpetuities

✓ current as of May 2026
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      105.950 Statutory rule against perpetuities. (1) A nonvested property interest is invalid unless:

      (a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or

      (b) The interest either vests or terminates within 90 years after its creation.

      (2) A general power of appointment, not presently exercisable because of a condition precedent, is invalid unless:

      (a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of an individual then alive; or

      (b) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.

      (3) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:

      (a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or

      (b) The power is irrevocably exercised or otherwise terminates within 90 years after its creation.

      (4) In determining whether a nonvested property interest or a power of appointment is valid under subsection (1)(a), (2)(a) or (3)(a) of this section, the possibility that a child will be born to an individual after the individual’s death is disregarded.

      (5) The language in a governing instrument is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives if, in measuring a period from the creation of a trust or other property arrangement, that language seeks:

      (a) To disallow the vesting or termination of any interest or trust beyond the later of:

      (A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or

      (B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement.

      (b) To postpone the vesting or termination of any interest or trust until:

      (A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or

      (B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement.

      (c) To operate in effect in any similar fashion upon:

      (A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or

      (B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement. [1989 c.208 §1; 1993 c.273 §1]

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1991–2024 · leading case: McMillan v. Follansbee, 93 P.3d 809 (Or. Ct. App. 2004).
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McMillan v. Follansbee, 93 P.3d 809 (Or. Ct. App. 2004). “” See ORS 105.950 -105.975. Hemstead died in 1999.”
Kerr v. Bauer, 373 P.3d 1263 (Yamhill Cty. Cir. Ct., O.R. 2016). · cites it 3× “That might also be the case if Deed [#] 3 were executed after the enactment of ORS 105.950 - 105.975, effective January 1, 1990.”
Coomler v. Shell Oil Co., 814 P.2d 184 (Or. Ct. App. 1991). “’ ” The common law rule has been superseded in whole or in part by ORS 105.950 — ORS 105.975. The interests in question here were created in a 1967 lease, and the statute, which was enacted in 1989, does not apply to them.”
Callaway v. Olson, 330 Or. App. 748 (Or. Ct. App. 2024). “2 1 The trial court concluded that the statutory rule against perpetuities, ORS 105.950 to 105.975, did not apply because it went into effect after the ROFR agreement was executed.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.