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What is an indefeasibly vested remainder?

Bar Exam Prep › Real Property › Future Interests › What is an indefeasibly vested remainder?
šŸ˜€ Real Property • Future Interests PROP#019

Legal Definition

An indefeasibly vested remainder is created in an existing and ascertained person and not subject to a condition precedent.

Plain English Explanation

An indefeasibly vested remainder is basically like getting a gift that’s 100% yours, no strings attached, and there’s no way anyone can take it away. In legal speak, this remainder is given to someone who already exists and is clearly identified. Plus, there are no hoops to jump through before they get it—no "if this happens" or "as long as that happens" conditions.

To simplify, let’s say your grandma writes in her will, ā€œI leave my house to my daughter, and when she passes away, it will go to my grandson.ā€ Here, the grandson has an indefeasibly vested remainder. He’s already born (so we know who he is), and there’s nothing extra that needs to happen for him to get the house once grandma’s daughter is no longer around. There’s no ā€œbut if he doesn’t graduate collegeā€ or ā€œas long as he still lives in townā€ in there—it’s just his, plain and simple.

Why does this matter? Well, in the world of real estate, it means that the grandson can plan his life knowing that the house is coming his way one day. He can even sell or mortgage his interest now, even before his mom passes away. It’s a guarantee in an otherwise unpredictable world.

Hypothetical

Hypo 1: Oz conveys Blackacre "to Amy for life, then to Bob." Result: Amy has a present possessory interest, called a life estate. Bob has an indefeasibly vested remainder that we know is certain to allow Bob to take possession the moment that Amy dies.

Visual Aids

What is an indefeasibly vested remainder?
What is an indefeasibly vested remainder?
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