The RAP requires that the ball reach someone, for certain, within the time limits life plus 21 years. If the transfer is done via conveyance, it takes effect immediately usually when the deed or other document is given. The time of the creation of the interest is important because that is the point at which the clock starts to run. The first step in determining whether the RAP applies is figuring out whether the interest at issue is a future interest, and, if so, whether it is a contingent remainder or executory interest unless your test examiner is exceedingly cruel and uses another form of future interest, in which case, you should look elsewhere for help.
If the RAP does apply, we next need to determine when the interest is created. Since there can be no gap in time between the creation of the interest and the measuring life, we have to have an identifiable measuring life at the time of the creation of the interest to start the clock.
A conveys Blackacre to B and her heirs as long as tobacco is never grown on the property. But if tobacco is ever grown on the property, then to C and his heirs. It cares whether an interest will vest within the time limit for a certainty. Or never. Therefore, we do not know for a certainty that the interest will vest 21 years after some life in being here, a life in being could be B, but it also could be any random person alive at the time of the conveyance.
But this works very well for illustrative purposes. First, note that A devised Blackacre to B, not conveyed. This means that interest is created at the time that A dies. Sign up for a monthly newsletter designed for legal professionals like you. Discover the ways Westlaw Edge will take your legal research to the next level.
Property law is home to some of the most complicated legal concepts studied in law school. Alternately, if B is not married at the time of the devise and B were to get married afterwards, again the wife could not be a life in being since she is not identifiable at the time of the devise.
Similarly to the previous case, she could outlive B by more than 21 years, voiding the grant to their children who also could not be lives in being because they would have been born after the devise was made. However, if the last interest were simply to B's children, rather than to B's children then living, it would vest upon B's death because at that time all of B's children would be ascertainable. In this instance, the devise would be valid under the Rule.
Other hypothetically relevant possibilities which almost never actually occur but have been invoked by lawyers or courts to invalidate transfers under the rule against perpetuities include the slothful executor a situation where the executor of the estate does not probate the will for many years after the testator's death , the magic gravel pit a transfer to be made as soon as a gravel pit is out of gravel may not vest for hundreds of years , the war that never ends a transfer to be made at the end of a war might never happen , and other similar situations.
Because these hypothetical scenarios show how a reasonable gift can be voided based on so unlikely an outcome, they have generated much criticism among legal scholars, resulting in the abrogation of the rule against perpetuities by statute in many jurisdictions. Many U. States have adopted laws mollifying the application of the rule by requiring courts to "wait and see" for a period of years, sometimes as long as years which effectively negates the possibility of litigation ensuing during the life of any person alive at the same time of the author of the will.
Some jurisdictions have ameliorated specific problems of the rule by creating statutory presumptions to counter those problems. Under such statutes, for example, a woman is presumed to no longer be fertile after a particular age typically 55 , and a gift to a person's widow or widower is presumed to vest in whoever was that person's spouse at the time of the gift. These rules have also long been a target of legal humorists. From Wikipedia, the free encyclopedia.
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. See also: Rule against perpetuities. ALM Network. Retrieved 15 July Associated Press. November 16, Archived from the original on November 20, Retrieved November 16, CS1 maint: discouraged parameter link. Categories : Property law Wills and trusts Equity law.
Hidden categories: CS1 maint: discouraged parameter Articles needing additional references from October All articles needing additional references. Namespaces Article Talk. Views Read Edit View history. Help Learn to edit Community portal Recent changes Upload file. Download as PDF Printable version. Add links. Part of the common law series. Real property Personal property Community property Unowned property. Fixtures Waste Partition Practicing without a license Property rights Mineral rights Water rights prior appropriation riparian Lateral and subjacent support Assignment Nemo dat Quicquid plantatur Conflict of property laws Blackacre Security deposit.
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