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Real Property • Future Interests
PROP#021
Legal Definition
A vested remainder subject to total divestment is a vested remainder subject to a condition subsequent.
Plain English Explanation
This happens when you have someone with a vested remainder interest (because they are alive and ascertained/identified), but that interest may be completely lost if some condition happens later.
Hypothetical
Hypo 1: Oz conveys Blackacre "to Amy for life, then to Bob and his heirs, but if Bob dies without any living children, to Carl and his heirs." Result: Amy has a life estate. Bob is alive and ascertained, so he has a vested remainder. However, Bob's interest is subject to being completely divested if he dies without any living kids. If that happens, then Carl receives Blackacre through his shifting executory interest.
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 an indefeasibly vested remainder?
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 the Doctrine of Worthier Title?
What is the Rule in Shelley's Case?
What is the Rule of Convenience?
