The concept of destructibility of contingent remainders refers to a principle in common law which states that a future interest must become possessory in order to avoid being destroyed and reverting back to the original grantor. However, this rule can be circumvented by employing trustees to safeguard the future interest. While the majority of American jurisdictions have abolished this rule, a small number of states still adhere to it.
The legal doctrine of destructibility of contingent remainders requires a future interest to vest by the time it is supposed to become possessory, or else it will be destroyed and revert to the grantor. This doctrine can be circumvented by using trustees to preserve contingent remainders. However, most American jurisdictions have abolished this doctrine, with the abolishing statutes known as anti-destructibility statutes. For example, if a landowner grants a piece of land to A for life, then to B’s children if B has any, and if not, to C, the contingent remainder in favor of B’s children will be destroyed if B has no children, reverting the interest to the grantor. However, using a trustee to preserve the contingent remainder can prevent this outcome. This example demonstrates how the destructibility of contingent remainders operates and how using a trustee can avoid this result.
A contingent remainder is a future interest in real property that is dependent on the occurrence of a specific event or condition.
Yes, a contingent remainder can be destroyed or become invalid if the condition upon which it is contingent does not occur.
The rule of destructibility of contingent remainders states that if a contingent remainder is still contingent at the time the preceding estate ends, it will be destroyed and the property will revert back to the grantor.
No, the rule of destructibility of contingent remainders has been abolished in many jurisdictions, and the property will instead pass to the contingent remainderman upon the termination of the preceding estate.
The rule of destructibility of contingent remainders can impact estate planning strategies, as it may be necessary to consider alternative arrangements or create contingent remainders that are not subject to destruction.
In some cases, a contingent remainder can be saved from destruction by the doctrine of merger, where the contingent remainder merges with the preceding estate, resulting in the immediate vesting of the property in the remainderman.
If a contingent remainder is destroyed, the property will typically revert back to the grantor or pass to another remainderman or devisee, depending on the terms of the original conveyance.
Yes, a contingent remainder can become vested if the condition upon which it is contingent is satisfied or if the contingency is otherwise removed.
Yes, there are certain exceptions to the rule of destructibility of contingent remainders, such as the doctrine of worthier title, which provides that a remainder cannot be created in the grantor’s heirs.
To ensure the protection of contingent remainders in estate planning, it is advisable to consult with a qualified attorney who can provide guidance on drafting appropriate language and considering alternative arrangements to avoid potential destruction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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