Multistate Bar Examination Practice Question

Which statement best describes how statutory reforms such as the Uniform Statutory Rule Against Perpetuities (USRAP) treat property interests that would violate the common-law Rule Against Perpetuities?

  • Statutory reforms typically preserve such interests for a fixed wait-and-see period (often 90 years) and void them only if they actually fail to vest within that period.

  • Statutory reforms exempt only charitable trusts from perpetuities limits; non-charitable interests remain void ab initio just as under common law.

  • Statutory reforms automatically convert offending future interests into vested remainders at the moment of creation, so no interest is ever voided.

  • Both at common law and under statutory reforms, any interest that could vest outside the perpetuity period is void the moment it is created.

Multistate Bar Examination
Real Property
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