The Rule Against Perpetuities in Minnesota: Explained Simply
Estate planning in Minnesota can feel complicated, especially when old legal rules come into play. One of the most confusing is the Rule Against Perpetuities (RAP). While it sounds intimidating, the idea is simple: property cannot be controlled forever.
Most Trusts are exhausted within the lifetime of the beneficiaries, but those that don’t are subject to the Rule Against Perpetuities.
What Is the Rule Against Perpetuities?
The Rule Against Perpetuities is a law that limits how long someone can control property after they pass away. In Minnesota, they have all but done away with the Rule of Perpetuities for Trusts.
The law used to say:
A property interest must take effect (or “vest”) no later than
a) 21 years after the death of someone alive when the interest was created
or b) 90 years after the trust’s creation
defaulting to whichever was longer
As of August 1st, 2025, the law now states:
A property interest must take effect (or “vest”) no later than
a) 21 years after the death of someone alive when the interest was created
or b) 500 years after the trust’s creation
whichever is longer
This prevents people from setting up wills, trusts, or deeds that restrict property ownership for endless generations. 500 years is not forever – but it’s still a very long time!
Why Does It Matter for Minnesota Estate Planning?
If an estate plan breaks this rule, part of it may be invalid. That means a gift or trust you wanted to create might not legally work.
For example: A trust that tries to last for your great-grandchildren without a clear ending could violate the rule.
This is why working with a Minnesota estate planning attorney is so important. An experienced lawyer knows how to draft documents that avoid these problems.
Minnesota’s Approach
Minnesota still recognizes the Rule Against Perpetuities, but there are ways to make plans work. Attorneys often include special “savings clauses” that end a trust before it breaks the rule. Courts also sometimes use a “wait-and-see” approach to preserve gifts if possible.
What This Means for You
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The Rule Against Perpetuities prevents property from being tied up forever.
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Mistakes in DIY wills or trusts can make parts of them unenforceable.
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A Minnesota trust lawyer can draft your plan correctly the first time.
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If you have an older will or trust, it’s worth reviewing to make sure it still follows Minnesota law.
FAQs About the Rule Against Perpetuities in Minnesota
Does Minnesota still follow the Rule Against Perpetuities?
Yes. Minnesota law still recognizes the traditional Rule Against Perpetuities, though courts sometimes use flexible approaches to preserve gifts.
Can the Rule Against Perpetuities make my trust invalid?
Yes. If your trust tries to last longer than the rule allows, that part of the trust may be void. Attorneys often use savings clauses to prevent this.
How can I avoid problems with the Rule Against Perpetuities?
The best way is to work with a Minnesota estate planning attorney who knows how to draft wills and trusts that follow state law. DIY templates often fail to address RAP correctly.
Do older wills or trusts need to be updated?
They might. If your estate plan is more than a few years old, especially since the law recently changed, it’s smart to have a Minnesota probate lawyer review it to make sure it still complies with current law. Trusts created before August 1st, 2025, are subject to the 90 years after creation rule.
Talk to a Minnesota Estate Planning Attorney
The Rule Against Perpetuities may sound like a law school riddle, but it can affect your estate plan in real life. At Markve, Zweifel & Heinrich, we help Minnesotans create wills and trusts that follow the law while protecting their families and assets.
