Validating life question

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Validating life question

Postby RR320 » Mon May 07, 2012 3:58 pm

In regards to RAP, can someone please explain why the second example A is not a validating life? I thought A would be because he/she is the one who could produce life.

1. "in trust for A for life, then A's first child to reach 21"

2. " in trust for A for life, then to A's first child to reach 25"

(from the Dukeminier book)

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Re: Validating life question

Postby Detrox » Mon May 07, 2012 4:43 pm

Not sure what you mean by this question.

A certainly can be the "validating life" in each example in the sense that you can use A to evaluate whether the condition satisfies the RAP.

The only difference between the the two is that in 1. You will know within 21 years of A's death whether the condition will vest, whereas in 2. If A has her first baby and dies the same day you will not be able to know within 21 years whether or not the estate will vest in A's child.

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