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.
Under the common-law RAP, a non-vested future interest is void at the outset unless it is absolutely certain to vest or fail, if at all, no later than 21 years after the death of some life in being when the interest is created. The rule applies even if the possibility of late vesting is extremely remote; if such a possibility exists, the interest is stricken. Choice A captures this "remote-possibility" test. The other options misstate the rule by focusing on actual vesting (B), statutory reforms such as the 90-year "wait-and-see" approach (C), or by claiming the RAP never applies to certain interests (D).
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What does 'life in being' mean in the context of the Rule Against Perpetuities (RAP)?
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Why does the Rule Against Perpetuities focus on the possibility of late vesting rather than actual vesting?
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How does the 'remote-possibility test' apply to future interests under RAP?
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Real Property
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