Simple English definitions for legal terms
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A contingent remainder is a type of future interest in property that is uncertain. It can happen in two ways: either the person who will own the property is unknown, or there is a condition that must be met before they can own it. For example, if someone says "I give my house to my children, but only if they finish college," that is a contingent remainder because it depends on whether or not the children finish college. Contingent remainders cannot take effect until after other people have owned the property first, and they must follow certain rules.
A contingent remainder is a type of future interest in real property that is uncertain in some way. It can come in two forms:
For example, if a grantor conveys property "to A for life, then to B's children," the remainder in B's children is contingent because it is uncertain how many children B will have. Another example is if a grantor conveys property "to A for life, then to B if B graduates from college." The remainder in B is contingent because it is uncertain whether B will graduate from college.
Contingent remainders are non-vested, which means that they are not yet capable of being possessed. They are also subject to the Rules Against Perpetuities, which limit how long a future interest can last. Contingent remainders become possessory only if certain conditions are met, such as the natural termination of a prior estate or the fulfillment of a condition precedent.
If a contingent remainder has a condition precedent to possession, it must transfer immediately, with no gap of time, upon the natural termination of a prior estate once the condition precedent is met. An alternative contingent remainder exists when the grant lists two possible takers depending on whether a condition is met.
Overall, contingent remainders are future interests that are uncertain in some way and can only become possessory under certain conditions.