Rule against Perpetuities

Under the common-law rule, if there is a possibility that the future interest will not vest until after the expiration of the life or lives in being, plus twenty-one years, the interest is void. The determination is made at the time the future interest is created. In order to avoid the harshness of this rule, some states have enacted statutes providing that the validity of the interest is to be decided at the time the interest actually does vest, rather than at the time it is created. Under these statutes the courts "wait and see" if the interest does in fact vest within the period of the rule. If it does vest within the period of the life or lives in being plus twenty-one years, then the interest is valid. Under other more limited "wait and see" statutes, a decision is made at the time of the death of the life tenant or tenants. These statutes are also called second look statutes.