Rule Against Perpetuities

Question 1

RAP Rule

Answer 1

Certain kinds of future interests are void if there is any possibility however remote that the given interest may vest or fail more than 21 years after the death of any of the lives in being at the time of conveyance

Question 2

5 Step RAP analysis

Answer 2

1) Determine which future interests have been created by the conveyance. Are there any suspect future interests?
* Only applies to contingent remainders, executory interests, and vested remainders subject to open
2) Identify the conditions precedent to the vesting of the suspect future interest
3) Identify the lives in being and look for the validating life
* Will we know with certainty within 21 years of the death of a life in being at the time of conveyance if our future interest holder can or cannot take
* Validating life is someone whose life proves that the interest will either fail or vest and close within the permitted time period
4) If we have a validating life the interest is valid. If not the interest is void so strike the offending part & revise classification of the title
5) If there is another suspect future interest, repeat procedure

Question 3

RAP - Class Gifts

Answer 3

• If a gift to one member of a class might vest too remotely the whole class gift is void