Rules Against Perpetuties (RAP)

Question 1

RAP asserts that

Answer 1

An interest must vest or fail within 21 years of the death of the measuring life, or the provision is invalid

Question 2

RAP applies to

Answer 2

Contingent remainders, executory interests, and vested remainders subject to open

Question 3

Vested remainder subject to open

Answer 3

Though the remainder is vested, members could be added to the class and so it has unacertained members

Question 4

Interests not subject to RAP

Answer 4

Reversion, Possibility of reverter, right of entry

Question 5

4 step RAP inquiry

Answer 5

1) Does RAP apply
2) Underline provision to which RAP applies
3) Turn it into a question to find measuring life/tether
4) Will we know for sure whether interest will vest or fail within 21 years of the death of the measuring life/extent of “tether”

Question 6

In a vested subject to open, the class must

Answer 6

Succeed or fail as one. Even if one member meets the requirement, if another does not they still fail

Question 7

Devise=

Answer 7

Dead. Dead people can’t have more kids, so children are ascertained

Question 8

Lives in being requires that

Answer 8

They were alive at time of transfer, or in the case of a will/devise at time of death

Question 9

Measuring lives don’t have to be [] they can be []

Answer 9

Explicit
Implied

Question 10

When an interest violates RAP,

Answer 10

It is struck out. The other interests remain intact

Question 11

In vested subject to executory limitation, the striking of the executory interest

Answer 11

Gets rid of all language past the vested remainder, creating a fee simple absolute.

Question 12

[] are not subject to RAP so long as the transfer is

Answer 12

Charities
Between charities