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LSDefine
Simple English definitions for legal terms
defeasible remainder
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A quick definition of defeasible remainder:
A defeasible remainder is when someone gives something to another person, but with a condition attached. If the condition is met, the person who received it may lose their right to keep it. For example, if someone gives a toy to their friend, but says that their friend can only keep it if they don't break it, then if the friend breaks the toy, they have to give it back to the person who gave it to them.
A more thorough explanation:
A defeasible remainder is a type of remainder interest that can be taken away or divested if a specific condition is met. For example, if a property is given to someone with the condition that they cannot sell it, and they do sell it, their interest in the property is defeasible and can be taken away.
Another example of a defeasible remainder is "A to B, unless B consumes alcohol." If B does consume alcohol, their interest in the property is defeasible and can be taken away.
These examples illustrate how a defeasible remainder is subject to a specific condition that, if met, can result in the interest being taken away. It is important to carefully consider any conditions attached to a remainder interest before accepting it, as the interest may not be permanent.