š
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 thatās 100% yours, no strings attached, and thereās 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 itāno "if this happens" or "as long as that happens" conditions.
To simplify, letās say your grandma writes in her will, āI 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. Heās already born (so we know who he is), and thereās nothing extra that needs to happen for him to get the house once grandmaās daughter is no longer around. Thereās no ābut if he doesnāt graduate collegeā or āas long as he still lives in townā in thereāitās 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. Itās a guarantee in an otherwise unpredictable world.
To simplify, letās say your grandma writes in her will, āI 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. Heās already born (so we know who he is), and thereās nothing extra that needs to happen for him to get the house once grandmaās daughter is no longer around. Thereās no ābut if he doesnāt graduate collegeā or āas long as he still lives in townā in thereāitās 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. Itās 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
Related Concepts
At common law, how was a contingent remainder destroyed?
In assessing a contingent remainder what is the doctrine of merger?
What are future interests?
What is a class gift?
What is a contingent remainder?
What is an executory interest?
What is a remainder?
What is a shifting executory interest?
What is a springing executory interest?
What is a vested remainder subject to open?
What is a vested remainder subject to total divestment?
What is the Doctrine of Worthier Title?
What is the Rule in Shelley's Case?
What is the Rule of Convenience?