Modern RAP Reform

The Modern Rule Against Perpetuities (RAP) reforms the traditional rule by allowing courts to evaluate the validity of future interests based on actual events rather than hypothetical possibilities. This includes options like a 90-year vesting period under the Uniform Statutory Rule Against Perpetuities (USRAP) and the ability for courts to modify interests that violate the rule to ensure they remain valid.

A testator leaves property to his grandchildren, provided they reach the age of 30, which could potentially take longer than 21 years after his death. Under the Modern RAP reforms, a court may apply the wait-and-see approach and determine the validity of the interest based on when the grandchildren actually reach that age. As a result, the interest is upheld as valid.

Modern RAP: Wait, see, and reform to keep property interests alive!

Exams often present scenarios where students must decide whether a future interest is valid, leading them to mistakenly apply the traditional RAP without considering the modern reforms. Be cautious of time frames that exceed the typical 21 years, as they may still be valid under modern rules.

Questions typically test your understanding of how the Modern RAP reforms apply to specific fact patterns, often requiring you to analyze the timing of future interests and their compliance with the wait-and-see approach or USRAP's provisions.