Multistate Bar Examination Practice Question
An interest in property subject to the Rule Against Perpetuities fails if there is any possibility, however remote, that it will not vest within the perpetuities period.
False
True
An interest in property subject to the Rule Against Perpetuities fails if there is any possibility, however remote, that it will not vest within the perpetuities period.
False
True
The Rule Against Perpetuities (RAP) mandates that a future interest must vest, if at all, within 21 years after the death of a life in being at the time the interest was created. If there is even a remote possibility that the interest might not vest or fail within this period, it is void. This absolute certainty requirement is a cornerstone of the RAP, making the statement correct. Any interests failing this strict certainty test are deemed invalid.
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