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Today’s choices shape the future for children, great-grandchildren and future descendants. For Californians, navigating the landscape of living trusts and wills is paramount in ensuring a ...
That time period, historically, was determined under the old English common law "Rule Against Perpetuities", which required that an interest must vest, if ever, within twenty-one years after the death of a "life in being" at the creation of the interest. There are a few exceptions to this provision concerning a "definite beneficiary."
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
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A life interest [1] (or life rent in Scotland) is a form of right, usually under a trust, that lasts only for the lifetime of the person benefiting from that right. A person with a life interest is known as a life tenant. A life interest ends when the life tenant dies. An interest in possession trust is the most common example of a life ...
A will may contain a clause that explicitly disinherits any heirs unknown at the time that the will is executed, or any heirs not named in the will. While such a clause will not necessarily prevent a claim against an estate by a pretermitted heir, it may make it more difficult to succeed in such an action.
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