Rule Against Perpetuities

Question 1

The Rule

Answer 1

Certain future interests are void if there’s any possibility they might vest more than 21 years after a person alive at the time of the grant has died

Does NOT apply to future interets for grantors; indefeasibly vested remainders, or vested remainders subject to total divestment

only for continget remainders, executory intersets, and SOMETIMES vested remainder subject to open

Question 2

Four Step technique for RAP problems

Answer 2

1) Determine the future interest
—-only for continget remainders, executory intersets, or SOMETIMES vested remainder subject to open

2) What has to happen for future interest holder to take
—-death? have children? condition?

3) Find measuring life

4) when will we know if future interest holder can take?
—-will we know for sure within 21 years of the death of a measuring life if the future interest holder can take?
——if yes, okay. if not, void.

Question 3

Executory Interest w/o time limit

Answer 3

Violates RAP.

Most commonly tested RAP issue.

example: to A for so long as alcohol is not consumed on the premises, and if it is, to B

Question 4

Reforms of the RAP

Answer 4

Wait and See

USRAP

Cy pres

Question 5

Wait and See Doctrine

Answer 5

Validity of a suspect future interests is determined on the basis of the facts as they exist at the conclusion of the measuring life

Wait for measuring life to end, then look to see whether, on the basis of the facts, if we can be certain.

Question 6

USRAP Doctrine

Answer 6

Provides for an alternative 90 year vesting period

Question 7

Cy Pres Doctrine

Answer 7

If a given disposition violates RAP, a court may reform it in a way that most closely matches the grantor’s intent, while still complying with the RAP.

Interlinked with other doctrines