What is RAP?
Rule Against Perpetuities:
a. RAP says you can control your property for a reasonable time after your death, but not forever.
i. Reasonable time = one lifespan + 21 years
1. Solving lack of alienability (interest cannot be transferred by its holder) or dead hand problem.
What future interest are subject to RAP?
Conditional Remainder
Vested Remainder Subject to Open
Executory Interests
What are the steps to solving RAP?
i. Classfiy the interests.
ii. Test: Is the future interest certain to vest within 21 years after the death of some person alive at the creation of the interest?
If yes, interest is valid, if not, interest is void.
What is a validating life?
Person who is alive when interest is created whose death guarantees that the interest will either vest or fail within 21 years.
How does each of the RAP interests vest?
CR: Taker becomes ascertainable and there are no conditions precedent.
VR/O: When the class closes.
EI: When it comes into possession.
How do we finish RAP?
Strike any interest that violate RAP and re-classify.
