Vested remainder

From Wikipedia, the free encyclopedia

Vested remainder is a term used in the law of real property to refer to a future interest given to an "ascertained person" but not subject to a condition precedent. Black's Law Dictionary (2nd Pocket ed. 2001 pg. 598. An example is "Upon my death I leave Blackacre to Jim for as long as he lives and then to Mary." Mary is clearly defined as the remainderman but Mary need perform no conditions to inherit the property other than to simply outlive Jim.

Contrast this with "Upon my death I leave Blackacre to Jim for as long as he lives and then to Mary if she is unmarried," (condition precedent) or "Upon my death I leave Blackacre to Jim for as long as he lives and then to all of Jim's male issue" (not an ascertained person because Jim may have more issue after he inherits the life estate in Blackacre).

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