, LexisNexis(R) Forms FORM 737-3.231
Summary
. Notwithstanding anything to the contrary in any other provision of this Will, to the extent that any disposition I have made in this Will violates the rule against perpetuities as it exists under the law of the State of Florida as of the date of my death, the interest so disposed of must vest in interest, although not necessarily in possession, within [select and describe limitation, e.g., twenty-one years after the date of my death or twenty-one years after the date of death of the last survivor of the beneficiaries named in this Will who are living or in gestation on the date of my death or twenty-one years after the date of death of the survivor of my lineal descendants who are alive or in gestation on the date of my death or ninety years after the date of my death]. It is the intent and purpose of this clause that all dispositions shall vest within the period of the rule against perpetuities, as defined and interpreted by the statutes and courts of the state of Florida, and that no interest created by or devised under this Will shall be construed in such a manner that it will be invalid under that rule.
The ninety (90) year period for vesting of property interests has been increased to three hundred sixty (360) years for a trust created or for a non vested property interest created by a power of appointment after December 31, 2000 and before June 30, 2002 [Ch. 2000-245; Fla. Stat. § 689.225(2)(f)]. The ninety (90) year period for vesting of property interests is increased to 1000 years for a trust created or for a non-vested property interest created by a power of appointment on or after July 1, 2022, unless the terms of the trust require that all beneficial interests in the trust vest or terminate within a lesser period [Ch. 2022-96; Fla. Stat. § 689.225(2)(g)].
In the event that it is necessary to construe or reform any provision or disposition of this Will to comply with the Florida rule against perpetuities, I declare that my general intent with respect to all dispositions in any way involving the following beneficiaries is as follows: [insert general description of testator’s testamentary plan, e.g., that my spouse is to enjoy all the property given to (him or her) by this Will for life; that on (his or her) death, my children are to enjoy the property in the respective portions and interests stated in this Will; that the children of any child who fails to survive my spouse shall enjoy their deceased parent’s portion in equal shares among themselves; and that ultimately my grandchildren are to have the remainder of my estate; but that no other parties, whether mentioned in this Will or not, are to take any portion of my estate that I have given to my spouse, children, or grandchildren in preference to them]. This statement of my intent shall be used only in construing or reforming this Will to comply with the Florida Uniform Statutory Rule Against Perpetuities, and shall not take precedence over or affect the construction of any other provision of this Will for any other purpose.