Pg 45

Question 1

Modernly what is Cy Pres or reformation with regard to RAP?

Answer 1

This allows courts to modify trusts that violate RAP in order to carry out the testator’s intent within the perpetuities period. Courts can also insert a savings clause

Question 2

Modernly what are statutory fixes for RAP problems?

Answer 2

Some states address certain problems like fertile octogenarian by limiting the presumption of fertility to likely childbearing years

Question 3

What is the rule for essays in trusts and estates with regard to IRAC?

Answer 3

One IRAC per will or trust, do not combine this, and make sure you IRAC every time