MBE Rules · Real Property
RAP — savings clauses and reforms
The rule
Modern jurisdictions soften the common-law Rule Against Perpetuities through: (1) express savings clauses forcing vesting within lives in being plus 21 years; (2) wait-and-see, judging validity by what actually happens; (3) cy pres reformation to conform the instrument to the grantor's intent; and (4) USRAP's 90-year alternative vesting period.
In plain English
Because the common-law RAP voids interests that MIGHT vest too late, modern law has escape hatches. On the MBE, name the escape route and apply it — do not just void the interest.
Memory hook
S-W-C-U: Savings clause, Wait-and-see, Cy pres, USRAP 90.
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