Rule Against Perpetuities Flashcards
1
Q
3 things that are subject to RAP?
A
- contingent remainders
- executory interests
- class gifts (“to my children”)
2
Q
4 things that are not subject to RAP?
A
- present interests
- vested remainders (other than vested subject to open)
- any interest retained by the grantor (reversions, possibility or reverter, right of reentry)
- trusts
3
Q
what does “must vest, if at all” mean and how does it work with RAP?
A
it is irrelevant that we might get our question answered, if it is at all possible that we won’t get our answer, then it fails RAP