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Simple English definitions for legal terms
alternative remainder
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A quick definition of alternative remainder:
Alternative remainder is a type of future interest in property that only takes effect if another disposition does not happen. It is given to a third person who is intended to take after the natural termination of the preceding estate. For example, if a grant is “to A for life, and then to B,” B's future interest is a remainder. If there is only one preceding estate and the remainder vests on that estate's expiration, the remainder is also termed an executed estate.A more thorough explanation:
An alternative remainder is a type of future interest in real property that takes effect only if another disposition fails to take effect. It is a type of remainder, which is a future interest that arises in a third person who is intended to take after the natural termination of the preceding estate.
For example, if a grant is “to A for life, and then to B or C,” B and C have alternative remainders. If A dies and B is still alive, B takes the property. If B dies before A, C takes the property. The disposition of the property is contingent on which of the two alternatives occurs.
Another example is “to A for life, and then to B, but if B dies before A, then to C.” Here, B and C have alternative remainders. If B dies before A, C takes the property. If B outlives A, B takes the property.
Alternative remainders are useful when the grantor wants to provide for multiple possible outcomes. They allow for flexibility in the disposition of property and can help avoid disputes over who should inherit the property.