Florida Statute 689.225
“Statutory rule against perpetuities”
What it means
Section 689.225, the Florida Uniform Statutory Rule Against Perpetuities, makes a nonvested property interest invalid unless, when created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive, or it actually vests or terminates within 90 years after its creation (§ 689.225(2)(a)). Similar tests apply to powers of appointment (§ 689.225(2)(b)-(c)).
For a trust created after December 31, 2000, through June 30, 2022, the 90-year period becomes 360 years. For a trust created on or after July 1, 2022, it becomes 1,000 years. A shorter period applies if the trust terms require all beneficial interests to vest or terminate sooner (§ 689.225(2)(f)-(g)).
Subsection (2) does not apply to nondonative transfers (except those arising from marital agreements, divorce settlements, a spouse's election, contracts about wills, trusts or powers, support transfers, or reciprocal transfers), fiduciary administrative powers, powers to appoint a fiduciary, certain charity-to-charity and employee-benefit interests, and arrangements outside the common-law rule or excluded by another statute (§ 689.225(5)). On 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, within the 90 years allowed by subsection (2), if an interest becomes invalid, a class gift might become invalid when a member's share takes effect, or an interest not validated by the lives test can vest but not within that period (§ 689.225(4)(a)-(c)). The section is the sole expression of the rule in Florida (§ 689.225(7)).
- Base rule: certain to vest or terminate within 21 years after the death of an individual then alive, or actually vest or terminate within 90 years (§ 689.225(2)(a)).
- Trusts created after December 31, 2000, through June 30, 2022: the period is 360 years (§ 689.225(2)(f)).
- Trusts created on or after July 1, 2022: the period is 1,000 years (§ 689.225(2)(g)).
- A trust whose terms require vesting or termination within a shorter period is held to that period (§ 689.225(2)(f)-(g)).
- A court shall reform a disposition that would otherwise be invalid on petition of an interested person (§ 689.225(4)).
- The section is the sole expression of the rule in Florida; no common-law rule against perpetuities exists (§ 689.225(7)).
Text of the statute (2026)
(a) A nonvested property interest in real or personal property is invalid unless: 1. 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 2. The interest either vests or terminates within 90 years after its creation.
(f) As to any trust created after December 31, 2000, through June 30, 2022, this section shall apply to a nonvested property interest or power of appointment contained in a trust by substituting 360 years in place of “90 years” in each place such term appears in this section unless the terms of the trust require that all beneficial interests in the trust vest or terminate within a lesser period.
(g) As to any trust created on or after July 1, 2022, this section shall apply to a nonvested property interest or power of appointment contained in a trust by substituting 1,000 years in place of “90 years” in each place such term appears in this section unless the terms of the trust require that all beneficial interests in the trust vest or terminate within a lesser period.
(a) Except as extended by paragraph (c), this section applies to a nonvested property interest or a power of appointment that is created on or after October 1, 1988. For purposes of this subsection, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
With respect to any matter relating to the validity of an interest within the rule against perpetuities, unless a contrary intent appears, it shall be presumed that the transferor of the interest intended that the interest be valid. This section is the sole expression of any rule against perpetuities or remoteness in vesting in this state. No common-law rule against perpetuities or remoteness in vesting shall exist with respect to any interest or power regardless of whether such interest or power is governed by this section.
Excerpts are the subsections the summary relies on. Read the full official text of § 689.225.
History. s. 1, ch. 88-40; s. 1, ch. 97-240; s. 1, ch. 2000-245; s. 1, ch. 2022-96.
How it applies
Which period applies depends on when the trust was created, so reviewing an instrument starts with its creation date and the three bands in subsection (2). A trust created on or before December 31, 2000 (and on or after October 1, 1988) falls under the 90-year period. A trust created from 2001 through June 30, 2022 falls under 360 years, and a trust created on or after July 1, 2022 under 1,000 years. The trust's own terms can set a shorter period. Under subsection (3)(b), the creation date for some interests is when a sole power to become unqualified owner terminates, not when the instrument was signed.
Where this shows up
Pages on this site where § 689.225 does real work:
Questions people ask
Sources
- Fla. Stat. § 689.225, 2026 Florida Statutes (The Florida Senate) (Official text of the section. "As to any trust created on or after July 1, 2022, this section shall apply to a nonvested property interest or power of appointment contained in a trust by substituting 1,000 years in place of “90 years”")
Last checked: October 17, 2026
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