rules against perpetuities Flashcards
what are the three future interests that you need to apply rap to
a contingent remainder, vested remainder subject to open, and executory interest
what does the rule say
if there is a possibility that one of the three specific FIs (contingent remainder, vested remainder subject to open, and executory interest) might continue to exist AFTER the perpetuities period expires, the interest is VOID at the time of conveyance, and we have to read the conveyance without it (ie striking it out)
what is the perpituties period
the life of a specefic person alive at the time of conveyence plus 21 years
whats another way to phrase the question the rule is trying to get to
is it logically possible that one of the three interests could exist BEYOND the perp. period? if yes, then it VIOLATES the rule and the interst must be struck
what is a validating life in this example
ex: B transfers the land to fred so long as there is no pond DURING THE life of fred, otherwise to bettye.
a life in beig that tells us if the FI vests or fails
Fred is the validating life: he VALIDATES the shifting executory interest that he holds and gives us the level of certinity needed to pass the RAP test
most often, what is the way that you have an interst that violates the rule?
someone could have a child after the conveyance, that would INHERENT their inteterst!
how does a validating life save a conveynce from failing under the rule?
becuase it makes it so that the interst cant be passed down to any children that might be born
what are the steps in applying the rule
- Does RAP apply?
- Is there a validating life? ie any restriction should be tied to a validating life to pass or the restriction should somehow go away after 21 years of the conveyance
If there is a validating life, then check to see if the restriction goes away within 21 years of the validating life(ie within 21 years of the DEATH of the validating life) - if there is not a validating life, check to see if the restriction goes away within 21 years of the conveyance date
Ie is there a time period in teh conveyance that would cut interest after 21 years - if there are any offending interest , strike them
what are the two alternatives to the rap test
the rule of convience and wait and see test
what does the wait and see test do
rather than striking the interst at the time of the conveynce, the test tells us to wait and see whehtee the interest will in fact vest or terminate within 90 years of its creation
what is the difference between the wait and see test and the rap test
wait and see – focuses on what ACTUALLY occurs after the conveynce
rap – foucses on what COULD possibly happen as a matter of logic in the future
what is the rule of connivence(not the common law but most jurisdctions have adopted)
ie what woul it say about ‘Q to A for life, w a remainder to B’s childre
it answers the question of wheher a future class member can join a class even after one class memeer holds a PI in the estate. this rule says no! under the rule, it closes the class when any memeber is enitled to a PI in the estate
draw the rap flow chart
GO CHECK TO SEE IF YOURE RIGHT
which rule do you use on the exam?
snow will usually tell you, but if its silent, then you need to apply all of them if it makes a difference in the outcome
