Rule Against Perputituies

Question 0

What are the three future interests in which RAP applies?

Answer 0

Executory interests
Contigent remainders
Vested remainders subject to open

Question 1

RAP in general

Answer 1

Void if the interest might vest more than 21 years after the death of a measuring life.

Question 2

RAP never applies to these three future interests

Answer 2

future interests in O; right of entry, possibility of reverter, reversion
indefesibly vested remainders
vested remainders subject to complete defesance

Question 3

What are the four steps of RAP?

Answer 3

To A for life, then To A’s children
Classify
A’s children has a contigent remainder
What has to happen for a future interest holder to take:
A must die leaving a child
Find a measuring life: A is this life
Will we know within 21 years of A’s if there is a taker or not?
Yes! We will know at A’s death if she left a child or not.
GOOD GIFT

Question 4

LIBCOI

Answer 4

Life in being at creation of interest; if this person can prove the contigent interest will vest or fail within their life time, if so it violates the rule