Rule Against Perpetuities Articles from GNUTELLACRAWLER.COM Free Article Directory

Article Titles:



Topic Directory


Articles
     Home      Submit Article      Contact Us      Our Mission      Disclaimer      Forums New!      Article Archive      Links
Sponsored Links

Search our Site:

The rule against perpetuities is a rule of law in effect under the property, trusts, estate, and contract law of many common law jurisdictions. The rule invalidates certain future interests (traditionally contingent remainders and executory interests) that may vest beyond the perpetuities period. In essence, the rule "limit[s] the testator's power to earmark gifts for remote descendants".[1]

The perpetuities period under the common law rule is not a fixed term of years. By its terms, the rule limits the period to at the latest 21 years after the death of last identifiable individual living at the time the interest was created. This "measuring" or "validating" life need not have been a purchaser or taker in the conveyance or devise. The measuring life could be the grantor, a life tenant, a tenant for a term of years, or in the case of a contingent remainder or executory devise to a class of unascertained individuals, the person capable of producing members of that class.

The rule prevents the property owner from distributing and controlling his assets for too long a period of time after his death—a concept often referred to as control by the "dead hand" or "mortmain". When a part of a grant or will violates the rule, only that portion of the grant or devise is removed; all other parts that do not violate the rule are still valid conveyances of property.

Although most discussions and analysis relating to rule revolve around wills and trusts, the rule applies to any future dispositions of property, including options.

Rule Against Perpetuities Subcategories

Rule Against Perpetuities Articles

AddThis Social Bookmark Button

 
 Forum Login 
Username:

Password:


Forgot your password?
Register for Forums

Enter your Email!
Enter your email address and we will email you whenever a new article is posted! No need to check back to get the lastest information.
Email: