Quick RAP problem
Posted: Tue Dec 07, 2010 12:38 am
Q: O to A for life than to A’s children who turn 18. A has no children now.
A: A has a life estate. Children have a contingent remainder. The rule applies because the
children are in a suspect class. After killing all the people in the contract and wait 21 years, A could
have a child so RAP does not void the interest. A ends up with a life estate and O has a possibility
of reversion.
How are the children in a suspect class? I thought that you would know for certain at the death of A + 21 years whether or not he would have any children and if they would turn 18 or not.
A: A has a life estate. Children have a contingent remainder. The rule applies because the
children are in a suspect class. After killing all the people in the contract and wait 21 years, A could
have a child so RAP does not void the interest. A ends up with a life estate and O has a possibility
of reversion.
How are the children in a suspect class? I thought that you would know for certain at the death of A + 21 years whether or not he would have any children and if they would turn 18 or not.