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Real Property • Future Interests
PROP#022
Legal Definition
A contingent remainder is created in unborn or unascertained person or persons subject to a condition precedent that must be satisfied before they have a right to possession.
Plain English Explanation
If someone receives a future interest in property, but they haven't been born yet, then it is a contingent remainder simply because whether or not they actually get the property will depend (and be contingent) on if they are actually born. Likewise, if a condition must first be satisfied in order for someone to receive their interest in property, it is a contingent remainder since whether or not they actually get the property will depend on whether the conditional trigger happens.
Hypothetical
Hypo 1: Oz conveys Blackacre "to Amy for life, then to Amy's children that survive her." Amy has one child, Bob. Result: Amy has a life estate. Bob has a contingent remainder because Bob will only get Blackacre if Amy dies first (i.e., Bob getting a remainder interest in Blackacre is contingent on Bob outliving Amy). If Bob dies first, Blackacre reverts back to Oz.
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