N.D. Cent. Code § 47-02-27.2
47-02-27.2. When contingent property interest or power of appointment created
47-02-27.2. When contingent property interest or power of appointment created
1. Except as provided in subsections 2 and 3 of this section and in subsection 1 of
section 47-02-27.5, the time of creation of a contingent property interest or a power of
appointment is determined under general principles of property law.
2. For purposes of sections 47-02-27.1 through 47-02-27.5, if there is a person who
alone can exercise a power created by a governing instrument to become an
unqualified beneficial owner of a contingent property interest or a property interest
subject to a power of appointment described in subsection 2 or 3 of section
47-02-27.1, the contingent property interest or power of appointment is created when
the power to become the unqualified beneficial owner terminates.
3. For purposes of sections 47-02-27.1 through 47-02-27.5, a contingent property interest
or a power of appointment arising from a transfer of property to a previously funded
trust or other existing property arrangement is created when the contingent property
interest or power of appointment in the original contribution was created.