What is the rule against perpetuities?

The rule against perpetuities is a legal rule that limits how long a property can be held in trust. The basic rule states that no interest in the property can be held in trust for a period of more than 21 years after the death of a person alive at the time the trust was created. This doesn’t mean that the property transfers immediately after 21 years, but instead that the trust must be over no later than the end of the 21st year. In Florida, the rule against perpetuities is an important concept in property law. It prevents trusts from being established in such a way that the beneficiaries are never certain when they will receive the property, which would create significant uncertainty in the property market and cause problems in the transfer of real estate and other property. The rule against perpetuities in Florida is based on common law principles, and is also known as the “wait and see” rule. It also applies to the creation of other legal interests such as easements, and means that a person cannot create an easement that will exist in perpetuity. The rule also applies to certain powers of appointment, meaning that a power holder cannot have the power to appoint someone else to a property after the original grantor of the power has died. This helps to promote order in the transfer of property, ensuring that beneficial interests in property are not created in perpetuity.

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