ARTICLE · 21 JANUARY 2022

Clarity On Rule Against Perpetuities

Robins Appleby LLP

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For many lawyers, the rule against perpetuities brings back nightmares about trying to understand (or ignore at our peril) the tenet in law school.

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Amelia Briggs-Morris

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For many lawyers, the rule against perpetuities brings back nightmares about trying to understand (or ignore at our peril) the tenet in law school. We then prayed that we never have to encounter this reminiscence of English feudal law ever again.

The rule against perpetuities applies to contingent interests in property that vest too remotely. More specifically, it applies to extinguish an interest in property if the interest does not vest within 21 years.

As recent cases have shown, the rule is still alive and kicking, and the courts are going to pay careful attention to the wording of interests to determine the true intent of the parties.

Loyalist (Township) v. Fairfield-Gutzeit Society

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