Pg 45 Flashcards
1
Q
Modernly what is Cy Pres or reformation with regard to RAP?
A
This allows courts to modify trusts that violate RAP in order to carry out the testator’s intent within the perpetuities period. Courts can also insert a savings clause
2
Q
Modernly what are statutory fixes for RAP problems?
A
Some states address certain problems like fertile octogenarian by limiting the presumption of fertility to likely childbearing years
3
Q
What is the rule for essays in trusts and estates with regard to IRAC?
A
One IRAC per will or trust, do not combine this, and make sure you IRAC every time