Well we got to learn all about the rule against perpetuities at my school. I am an expert on an outdated useless extremely complicated theory from feudalist times! Are you implying knowing feudal legal theories that the state my school is in California does not even use as a waste of time? Below was a piece of our property final exam I have no idea what kind of person would draft this kind of will not to mention it is property and not wills & trusts, but what do I know. It is funny because every interview I have gone on people are like oh RAP I have never once used that in real life. If someone does want to draft an extremely complicated will that makes no logical sense I can do it!
Tina Testator is a loyal alumna of GGU School of Law and also a supporter of the opera. Tina Testator executes a valid will in 2009 that provides in pertinent part as follows:
Blackacre shall go to my daughter Ann for life, then to the children of my son Bill for their lives, and at the death of the last of them, to the person who is then Dean of the Golden Gate University School of Law if the bar pass rate in that year exceeds 80%, and otherwise, to the San Francisco Opera Foundation (a charity).
At the time the will is executed, Tina has two children, Ann and Bill. Under the applicable laws of intestate succession, they will be her heirs if they survive her. Bill has a child, Colby, born in 2005. Tina dies in 2010. Bill has a second child, Darby, born in 2015. Bill dies intestate in 2020, leaving Colby and Darby as his heirs. Ann dies in 2025, with a valid will leaving everything “to my brother’s children.” Colby dies in 2075, with a valid will leaving everything to Darby. Darby dies in 2100. In that year, GGU School of Law has an 82% bar passage rate.
1. Classify all interests created by the conveyance and evaluate their validity under the common law Rule Against Perpetuities.
2. Redraft the conveyance, striking any gifts which violate RAP.
3. Reclassify as necessary, in light of any changes made.
4. Move forward in time, explaining who comes into possession and when. A complete answer will end with some person or persons in possession of the fee simple absolute at an identified date.