Sunday, April 12, 2009

The Rule Against Perpituities

I heard recently that there was a possibility the rule against perpetuities may be abolished in Texas. The rule against perpetuities (RaP) is the rule that tells us that in "interest is not good unless it must vest, if at all, no later than 21 years after some life in being at the creation of the interest" -- simple, right?

Being tortured with it in 1L Property is the customary introduction to the RaP. Then it is usually tested on the bar, to which some say:  "I will tell you everything you need to know about the RaP. There will be two questions about it on the bar exam. You will get those both wrong."

In Texas the rule is a part of the Constitution which says that "[p]erpetuities . . . are contrary to the genius of a free government, and shall never be allowed." So in order to repeal the rule we would need to pass an amendment to the Texas Constitution -- which has, by the way, been amended 456 times now. Many other jurisdictions have either done away with the rule or modified it in some way to make it easier to determine who is affected by it.

I looked to see what talk of it I could find on the internet and the closest I came was Texas House Bill 990, which appears to only affect trusts. It's a start, I guess. Without the RaP the movie Body Heat would be missing a great twist.

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