Section 760 ILCS 3/1404 - Application of rule against perpetuities(a) The rule against perpetuities does not apply: (1) to any disposition of property or interest therein that, at the effective date of this Code, does not violate, or is exempted by statute from the operation of, the common law rule against perpetuities; (2) to powers of a trustee to sell, lease, or mortgage property or to powers that relate to the administration or management of trust assets, including, but not limited to, discretionary powers of a trustee to determine what receipts constitute principal and what receipts constitute income and powers to appoint a successor trustee; (3) to mandatory powers of a trustee to distribute income, or to discretionary powers of a trustee to distribute principal before termination of a trust, to a beneficiary having an interest in the principal that is irrevocably vested in quality and quantity; (4) to discretionary powers of a trustee to allocate income and principal among beneficiaries, but no exercise of any such power after the expiration of the period of the rule against perpetuities is valid; (5) to leases to commence in the future or upon the happening of a future event, but no such lease is valid unless the term of the lease actually commences in possession within 40 years from the date of execution of the lease; (6) to commitments (A) by a lessor to enter into a lease with a subtenant or with the holder of a leasehold mortgage or (B) by a lessee or sublessee to enter into a lease with the holder of a mortgage; (7) to options in gross or to preemptive rights in the nature of a right of first refusal, but no option in gross shall be valid for more than 40 years from the date of its creation; or (8) to qualified perpetual trusts as defined in Section 1403. (b) The period of the rule against perpetuities shall not commence to run in connection with any disposition of property or interest therein, and no instrument shall be regarded as becoming effective for purposes of the rule against perpetuities, and no interest or power shall be deemed to be created for purposes of the rule against perpetuities as long as, by the terms of the instrument, the maker of the instrument has the power to revoke the instrument or to transfer or direct to be transferred to himself or herself the entire legal and equitable ownership of the property or interest therein. (c) In determining whether an interest violates the rule against perpetuities: (1) it is presumed: (A) that the interest was intended to be valid; (B) in the case of an interest conditioned upon the probate of a will, the appointment of an executor, administrator or trustee, the completion of the administration of an estate, the payment of debts, the sale or distribution of property, the determination of federal or state tax liabilities or the happening of any administrative contingency, that the contingency must occur, if at all, within the period of the rule against perpetuities; and (C) if the instrument creates an interest in the "widow", "widower", or "spouse" of another person, that the maker of the instrument intended to refer to a person who was living at the date that the period of the rule against perpetuities commences to run; (2) if any interest, but for this subsection, would be invalid because it is made to depend upon any person attaining or failing to attain an age in excess of 21 years, the age specified shall be reduced to 21 years as to every person to whom the age contingency applies; (3) notwithstanding paragraphs (1) and (2), if the validity of any interest depends upon the possibility of the birth or adoption of a child, the following apply: (A) no person shall be deemed capable of having a child until he or she has attained the age of 13 years; (B) any person who has attained the age of 65 years shall be deemed incapable of having a child; (C) evidence is admissible as to the incapacity of having a child by a living person who has not attained the age of 65 years; and (D) the possibility of having a child or more remote descendant by adoption shall be disregarded. (d) Paragraphs (2), (3), and (6) of subsection (a) and subsection (b) are declaratory of existing law. Added by P.A. 101-0048,§ 1404, eff. 1/1/2020.