Rule Against Perpetuities Flashcards
What is the RAP?
Certain kinds of future interest are void if there is any possibility, however remote, that the given interest may vest more than 21 years after the death of a measuring life.
What is the first step in RAP analysis?
Determine which future interests have been created by the conveyance.
The RAP potentially applies to only which three types of future interests?
Contingent remainders
Executory interests
Certain vested remainders subject to open
The RAP does NOT apply to which three types of future interests?
Any future interests in the grantor
Indefeasibly vested remainders
Vested remainders subject to complete defeasance.
To A for life, then to A’s children.
A is alive and has no children.
What must happen before a future interest holder can take? Who is the measuring life?
A must die, leaving a child
A is the measuring life.
To A for life, then to A’s children.
A is alive and has no children.
Is the conveyance in violation of RAP? Explain
No. We will know, at the instant of A’s death, if A has left behind children or not.
To A for life, then to the first of her children to reach the age of 30.
A is 70. Her only child is 29.
Does this conveyance violate RAP? Explain.
Violation of RAP.
B could die tomorrow. Thereafter, A could have another child, but we don’t know how long A will live.
To A for life, then to the first of her children to reach the age of 30.
A is 70. Her only child is 29.
Interests? Explain
A has a life estate
O has a reversion
No future interests for children, because violation of RAP
Bright Line Rule: A gift to a/an __________ that is conditioned on the members surviving to an age beyond 21 violates RAP.
An open class
Explain the “bad is to one, bad as to all” rule with respect to classes of takers.
To be valid, it must be shown that the condition precedent to every class member’s taking will occur within the perpetuities period. If it is possible that a disposition might vest too remotely with respect to any member of the class, the entire class gift is void.
To A for life, then to such of A’s children as live to attain the age of 30.
A has two kids, B and C. B is 35 and C is 40. A is alive.
What are B and C’s future interest? RAP problem? If yes, what result? If no, what result?
B and C has vested remainders subject to open.
RAP voids their interests because bad as to one, bad as to all rule.
Result is A has a life estate and O has a reversion.
Bright Line Rule: Many executory interests violate the RAP. An executory interest with _______________________ violates the RAP.
No limit on the time within which it must vest
To A and his heirs so long as the land is used for farm purposes, and if the land ceases to be so used, to B and his heirs.
What future interest does B have? Who is the measuring life? RAP issue? Result?
B has a shifting executory interest
A is the measuring life
RAP issue. We won’t know within 21 years of A’s life whether B will definitely take. B’s interest is VOID.
A now has a FSD. O has a possibility of reverter. No RAP problem now because RAP doesn’t apply to future interests in O, the grantor.
To A and his heirs, but if the land ceases to be used for farm purposes, to B and his heirs.
There is a RAP problem. We won’t know within 21 years of A’s life whether B will definitely take. B’s interest is VOID.
What result? Explain.
A has a FSA.
O has nothing.
When striking the void provision, the grammar doesn’t allow the conveyance to make any sense. Thus, we strike the entire conditional clause, leaving “To A and his heirs.”
What is the charity-to-charity exception of RAP?
A gift from one charity to another does NOT violate the RAP.
