The Rule Against Perpetuities

Question 1

The Rule Against Perpetuities holds:

Answer 1

Certain kinds of future interests 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.

Question 2

Four Step Approach to Assessing RAP Problems:

Answer 2

1) Determine which future interests have been created by the conveyance. 2) Identify the conditions precedent to the vesting of the suspect future interest; 3) Find a measuring life; 4) Ask whether it is known with certainty within 21 years of the death of measuring life whether future interest holders can or cannot take.

Question 3

Regarding RAP, a gift to an open class that is conditioned on the members surviving to an age beyond 21,

Answer 3

VIOLATES the common law RAP.

Question 4

Regarding RAP, an executory interest with no limit on the time within which it must vest

Answer 4

VIOLATES the RAP.

Question 5

A gift from one charity to another, regardless of the time of vesting interests

Answer 5

will NOT violate the RAP.

Question 6

The Reform of the RAP has had the effect of

Answer 6

eliminating the hypothetical “parade of horribles.” The validity of any suspected future interest is determined on the basis of the facts as they exist at the end of the measuring life.