July 2012 – Trusts & Estates
The mere mention of the rule against perpetuities (RAP) generally results in dazed and puzzled looks on the faces of most law students and practitioners. Along with such favorites as the rule in Shelley’s Case and the doctrine of worthier title, the RAP was adopted by American jurisprudence from England. The various nooks and crannies embedded in the RAP make its understanding and application difficult and, at times, frightening. However, states have previously repealed the rule in Shelley’s Case and the doctrine of worthier title, and now more than half of the states have either abolished the RAP altogether or have significantly modified it so that, for practical purposes, it’s effectively abolished.
Read more: Prof. Scott Shepard’s Article Mentioned in Trusts & Estates
