1. Questions to Ask
a. Is the remainder contingent or vested under the Rule?
i. If vested, the Rule doesn’t apply
ii. If contingent go to b.
b. What makes this remainder contingent?
c. Who affects when/whether it becomes vested? (=”validating life”)
d. Is that person a life in being?
i. If yes go to e.
ii. If no go to f.
e. If the remainder becomes vested, will it necessarily vest within 21 years of the death of the validating life?
i. If yes, it does no violate the Rule.
ii. If no, it violates the Rule.
f. Analyze all other lives in being will the remainder necessarily vest or fail within 21 years of their death?
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