PROP - SPARKS - Key Factual Triggers

Question 1

“Agreed to convey”

Answer 1

Think: Valid Conveyance?

Question 2

“Lot O to A, so long as the property is used as a school, then to B.” –> trigger?

Answer 2

Rule Against Perpetuities

There is no certainty that B’s interest will vest or fail within a life in being plus 21 years, so invalid.

RAP:

If there is ANY possibility that a non-reversionary future interest might VEST more than 21 years after the death of all the LIVES in BEING present at the creation of the interest, then the interest is void. If the interest is void, it is treated as if it was never created.

Question 3

A devises Blackacre to his children in equal shares. When A dies, he has two children, X and Y, and his wife is pregnant with a third child, Z, who is born one month after A’s death. –> trigger?

Answer 3

Rule Against Perpetuities

Rule: A child conceived before its father’s death, but born afterward, is considered a life in being for purposes of the RAP.

Question 4

B conveys Blackacre “to A for life, then to those of A’s children who attain the age of 25.” Is the interest in the children of A valid?

Answer 4

RAP

Anytime that a beneficary must attain an age greater than 21 in order to take, there is a danger that the RAP will be violated.

RAP (Rule):

If there is ANY possibility that a non-reversionary future interest might VEST more than 21 years after the death of all the LIVES in BEING present at the creation of the interest, then the interest is void. If the interest is void, it is treated as if it was never created.