Multistate Bar Examination Practice Question

Which of the following best states the common-law Rule Against Perpetuities (RAP) as it applies to non-vested future interests?

  • It invalidates a future interest only if it actually fails to vest within 21 years after a life in being at creation.

  • It automatically reformats any offending future interest so that it must vest within 90 years of creation.

  • It never applies to contingent remainders or executory interests.

  • It invalidates a future interest if there is any possibility, however remote, that the interest could vest more than 21 years after a life in being at creation.

Multistate Bar Examination
Real Property
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