Texas Codes

Tex. Prop. Code § 112.036 (2026)

Rule Against Perpetuities

✓ current as of May 2026

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Sec. 112.036. RULE AGAINST PERPETUITIES. (a) The rule against perpetuities applies to an interest in a trust other than a charitable trust.

(b) For purposes of this section, the effective date is the date the governing instrument creating an interest in the trust becomes irrevocable with respect to that interest. If an interest in one trust is distributed to another trust with a different effective date, the effective date of that interest in the second trust becomes the earlier of the effective dates of the two trusts.

(1) if the effective date is on or after September 1, 2021, not later than the later of:

(A) 300 years after the effective date; or

(B) 21 years after some life in being at the time of the effective date, plus a period of gestation; or

(2) if the effective date is before September 1, 2021, except as provided by Subsection (d), not later than 21 years after some life in being at the time of the effective date, plus a period of gestation.

(d) An interest in a trust that has an effective date before September 1, 2021, may vest as described by Subsection (c)(1) if the trust instrument provides that an interest in the trust vests under the provisions of this section applicable to trusts on the date that the interest vests.

(e) Any interest in a trust may be reformed or construed to the extent and as provided by Section 5.043.

(f) Under this section, a settlor of a trust may not direct that a real property asset be retained or refuse that a real property asset may be sold for a period longer than 100 years.

Added by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 10, eff. Oct. 2, 1984.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 792 (H.B. 654), Sec. 1, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 446 (H.B. 2196), Sec. 3, eff. June 9, 2023.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1989–2025 · leading case: ConocoPhillips Co. v. Koopmann, 547 S.W.3d 858 (Tex. 2018).

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ConocoPhillips Co. v. Koopmann, 547 S.W.3d 858 (Tex. 2018). “See Tex. Prop. Code § 112.036. The Legislature has not enacted laws requiring that future interests arising from conveyances of real property vest at a certain time, however, and thus that determination has remained with this Court.”

Nash v. Beckett, 365 S.W.3d 131 (Tex. App. 2012). “Tex. Prop.Code Ann. § 112.036 (West 2007).”

Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “Codified Laws § 43-3-14 (2004) {see also § 43-3-16); Tex. Prop.Code Ann. § 112.036 (Vernon 2007).”

Terry W. BRADLEY, Appellant v. Darlene SHAFFER, Individually, & Verlon Reid, Noleta Rice, & S. Clinton Nix, Co-Trs. of the W.S. Shaffer Fam. Trust, Appellees, 535 S.W.3d 242 (Tex. App. 2017). “See Tex. Prop. Code Ann. § 112.036 (West 2014); see also Tex.”

Marsh v. Frost Nat'l Bank, 129 S.W.3d 174 (Tex. App. 2004). “See Tex. PROp.Code Ann. § 112.036 (Vernon 1995); Foshee, 617 S.”

Ball v. Knox, 768 S.W.2d 829 (Tex. App. 1989). “043; (2) the trial court erred in ruling that the disposi-tive provisions of the will are void under Tex.PROP.Code Ann. § 112.036 or any other rule against perpetuities applicable under Texas law; (3) the trial court erred in ruling that the assets of the estate which were not…”

Conocophillips Co. & Burlington Resources Oil & Gas Co., L.P. v. Ralph Wade Koopmann, Karen Marie Koenig, Lorene H. Koopmann, & Lois Strieber, Individually & as of the Est. of Jerry Strieber (Tex. 2018). “See TEX. PROP. CODE § 112.036. The Legislature has not enacted laws requiring that future interests arising from conveyances of real property vest at a certain time, however, and thus that 9 CONST.”

Brown v. Carrington (5th Cir. 2025). “See Tex. Prop. Code § 112.036(c) (providing that “[a]n interest in a trust must vest, if at all,” inter alia, “300 years after the effective date”).”

Anna Spohn Welch Marsh, Noe Marsh, & Holly McKee v. Frost Nat'l Bank, as Indep. of the Est. of Charles Vartan Walker, & Greg Abbott, Texas Attorney Gen. (Tex. App. 2004). “See Tex. Prop. Code Ann. § 112.036 (Vernon 1995); Foshee , 617 S.”

Danny Sturtz v. State (Tex. App. 2012). “TEX. PROP. CODE ANN. § 112.036 (West 2007).”

— Tex. Prop. Code § 112.036(c) — 1 case

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