Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the ninety years allowed under subdivision b of subsection 1 of section 47-02-27.1, subdivision b of subsection 2 of section 47-02-27.1, and subdivision b of subsection 3 of section 47-02-27.1, if:

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Terms Used In North Dakota Code 47-02-27.3

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49

1.    A contingent property interest or a power of appointment becomes invalid under section 47-02-27.1; 2.    A class gift is not but might become invalid under section 47-02-27.1 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

3.    A contingent property interest that is not validated by subdivision a of subsection 1 of section 47-02-27.1 can vest but not within ninety years after its creation.