RAP

Question 1

RAP

Answer 1

This rule provides that certain kinds of future interests are void if there is any possibility, however remote, that the interest might vest more than 21 years after a person alive at the time of the grant has died.

Question 2

RAP Applies To

Answer 2

Contingent remainders
Executory interests
Vested remainders subject to open

Question 3

RAP Period

Answer 3

The perpetuities period begins to run either from the date of the testator’s death (if the interest is granted by will) or the date of delivery (if the interest is granted by deed).

Question 4

RAP Steps

Answer 4

1. Does RAP apply?
2. How does the future holder take?
3. Whose life or death is relevant to what has to happen for the holder to take?
4. Will we know for sure within 21 years of the death of that measuring life if the holder can take?

Question 5

Always RAP Failure

Answer 5

-Executory interests that follow durational language with no time limit (to A for so long as no liquor is consumed on the premises, then to B).

-Gifts to an open class conditioned on members surviving beyond age 21 (to A then to those of A’s children who attain the age of 25).

-Gifts conditioned on an administrative contingency (to my heirs surviving at the administration of my estate).

-Rights of first refusal that are extended to someone other than the holder.

-“To widow then to X.”

Question 6

Violations

Answer 6

Violation of the rule strikes the offensive interest.

Question 7

RAP Reform

Answer 7

-Wait and see: determine the validity of any future interest based on facts as they exist at the conclusion of the measuring life

-USRAP: give a 90-year vesting period

-Cy Pres: court can reform an invalid disposition in a way that most closely matches the grantor’s intent