Rule Against Perpetuities
Real Property · Lesson 07
Rule Against Perpetuities
這一課問的是：未來權益是否在「現存生命 + 21 年內」必定既得？否則 RAP 將其打掉。
Actor
Act
Object
Standard
Consequence
Issue · what this lesson is really about
Does the future interest vest, if at all, within lives in being plus 21 years?
這一課問的是：未來權益是否在「現存生命 + 21 年內」必定既得？否則 RAP 將其打掉。
Trigger words & phrases that should flag this issue:
to the first grandchild whoto A if A's daughterwhen the school closesmay be too remote
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
RAP
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No interest is valid unless it must vest, if at all, within lives in being plus 21 years.
RAP：未來權益須於現存生命 + 21 年內既得。
life in being
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Person alive at the creation of the interest.
現存生命人。
vest
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Become certain — taker ascertained and no condition precedent.
既得。
validating life
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A person whose life proves the interest must vest within the period.
驗證生命人。
class gift
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Gift to a group whose membership may grow.
集合贈與。
wait-and-see
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Modern reform that asks if interest actually vested in time.
等等看改革。
USRAP
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Uniform Statutory Rule — 90-year wait-and-see period.
統一法定 RAP。
Rule Sentence · the workhorse
Under the Rule Against Perpetuities, no future interest in a third party is valid unless it must vest, if at all, within lives in being at the creation of the interest plus 21 years.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人the grantor / testator授予人 / 立遺囑人
Act 行為creating a future interest設定未來權益
Object 對象contingent / class-gift interests附條件 / 集合贈與權益
Standard 法律標準must vest within LIB + 21必於 LIB + 21 年內既得
Consequence 後果interest void if it may vest too remotely遠期可能 → 無效
Casebook Snapshot · a real American case
Symphony Space, Inc. v. Pergola Properties, Inc.
Holding. An option to purchase commercial real estate exercisable up to 22 years after creation by a corporation violates the Rule Against Perpetuities, because the option could vest beyond lives in being plus 21 years; modern reform statutes did not save it under the facts.
Why it matters. Options to buy real property are subject to RAP. Long exercise windows can fail the test.
可長達 22 年之購買選擇權違反 RAP。
Common Mistakes · what trips students
✗ RAP 適用於所有 future interests。
✓ Does NOT apply to reversions, possibilities of reverter, or rights of entry.
不適用於 reversion / 回歸可能 / 收回權。
✗ 「lives in being」可包含尚未出生之人。
✓ Only persons alive at creation count.
僅授予時已生之人。
✗ 21 年自授予日起算。
✓ 21 years runs from the death of the relevant life in being.
21 年自驗證生命人之死亡起算。
Mini IRAC · build the Application
Issue. Is a gift "to the first of A's grandchildren to reach 25" valid under RAP when A is still alive at the creation of the interest?
Rule. A future interest is void unless it must vest, if at all, within lives in being at creation plus 21 years.
Application (model). A is alive at creation; A could have more children after creation, and one of A's grandchildren (born after A's death) might not reach 25 within 21 years of every life in being. Because RAP voids any interest that might vest more than 21 years after every life in being expires, the fact that A could produce after-born children, whose own children (A's grandchildren) might first reach 25 more than 21 years after the deaths of A and all then-living relatives means the interest may vest too remotely.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the gift to A's grandchildren is void under RAP.
MBE Check · multiple choice
T's will leaves Blackacre "to A for life, then to A's children for their lives, then to A's grandchildren in fee." A has one child living at T's death. Is the gift to A's grandchildren valid under RAP?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: