The rule against perpetuities invalidates future interests that may vest too far into the future.

Future
interests are invalid unless they are certain to “vest” or fail to vest within the lifetime of someone
who is a live “in being” at the creation of the interest or no later than 21 years after her death.
forbids some future interests that may not vest within the time permitted; prevents a person from
putting qualifications and criteria in his will that will continue to control the land long after she’s
died – aka Dead Hand Control

Rule Against Perpetuities: 3 step analysis

I. Step 1: Identify the future interest
a. RAP applies to(3):
i. Executory Interests
ii. Contingent remainders
iii. Vested remainders subject to open
1. -If future interest in grantor (e.g. Possibility of Reverter, Right of
Entry, Reversion), state statute may require interest to vest within 30
years of creation
II. Apply RAP
a. Future interest is VOID if there is any possibility that the future interest will vest
more than 21 years after the death of all lives In being at the time of conveyance
i. Substep- identify all of the lives in being at the time of creation of interest to
determine the validating life
ii. Substep- Determine when interest vests (or not)
iii. Substep- Will it be more than 21 years after death of life in being?
1. Answer will look like this- “Here the future interest is void
because…” or “Here the future interest is valid because…”
III. If the future interest violates RAP, strike the offending language or check to see if
possible to save by applying Cy Pres
a. When striking offensive language, strike until valid conveyance remains
i. Thus, if multiple future interests, may need to strike more than one
b. Be familiar with how results differ under cy pres, “wait and see”, and Uniform
Statutory Rule Against perpetuities