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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.
By its nature, a dynasty trust can run in perpetuity. Thus, it must be created in a state that either has no rule against perpetuities, such as Delaware or South Dakota, or has a very long perpetuities period, such as in Nevada (365 years) or Wyoming (1,000 years). [2]
Property law can be complex and arcane, even for lawyers and judges. The rule against perpetuities is an example of how older property laws can influence how families transfer and inherit property ...
The Rule in Shelley's Case is a rule of law that may apply to certain future interests in real property and trusts created in common law jurisdictions. [1]: 181 It was applied as early as 1366 in The Provost of Beverly's Case [1]: 182 [2] but in its present form is derived from Shelley's Case (1581), [3] in which counsel stated the rule as follows:
The purposes and uses of trusts historically had to do with management of property in absence of owner, mostly during medieval times when a lord left to fight in battle. Gradually, the device also found usefulness to control property "beyond the grave", although the so-called Rule Against Perpetuities limited this power. See trust law. In ...
The focus on vesting is important in many states because contingent remainders (and certain other future interests) are invalidated if they might vest after the period defined by the Rule Against Perpetuities (RAP). [14] The Rule Against Perpetuities traditionally requires an interest to vest "if at all, not later than twenty-one years after ...
Uniform Statute and Rule Construction Act: 1995 Uniform Statutory Form Power of Attorney Act: 1988 Uniform Statutory Rule Against Perpetuities: 1986, 1990 Uniform Supervision of Trustees for Charitable Purposes Act: 1954 Uniform Surface Use and Mineral Development Accommodation Act: 1990 Uniform Tod Security Registration Act: 1989
Nevada county votes against certifying recount results, a move that raises longer-term questions. GABE STERN. July 10, 2024 at 12:41 AM. RENO, Nev. (AP) — Commissioners in Nevada’s second most ...