Legal Definitions - indefeasibly vested remainder

An indefeasibly vested remainder describes a future interest in property that is absolutely certain to pass to a specific, identifiable person or group of people once a preceding estate naturally ends. The term "indefeasibly" means that this right cannot be defeated, taken away, or changed by any event or condition. The person holding this interest has a guaranteed right to the property, needing only to wait for the prior interest (such as a life estate) to conclude.

Here are some examples to illustrate this concept:

• Example 1: A Will Granting Property

  Imagine a will that states: "I leave my house to my brother, Robert, for the rest of his life. Upon Robert's death, the house shall pass to my daughter, Clara, and her heirs forever."

  • How it illustrates the term: Robert has a life estate, meaning he can live in the house until he dies. Clara holds an indefeasibly vested remainder. She is a specific, identifiable person, and her right to the house is guaranteed to take effect upon Robert's death. There are no conditions she needs to meet, nor can her right to inherit the house be revoked or altered.

• Example 2: A Trust for Future Distribution

  A trust document specifies: "The income from this trust shall be paid to my spouse, Eleanor, for her lifetime. After Eleanor's death, the entire trust principal shall be distributed to my two children, Michael and Sarah, in equal shares."

  • How it illustrates the term: Eleanor receives the trust income during her life. Michael and Sarah collectively hold an indefeasibly vested remainder in the trust principal. They are clearly identified beneficiaries, and their right to receive the principal is certain to occur upon Eleanor's death. No other conditions can prevent them from receiving their shares, making their interest indefeasibly vested.

• Example 3: A Deed for Land Transfer

  A property deed conveys a parcel of land "to my friend, David, for his life, and then to my nephew, James."

  • How it illustrates the term: David has a life estate, allowing him to use the land during his lifetime. James holds an indefeasibly vested remainder. He is a named individual, and his right to own the land is absolute and will automatically take effect the moment David passes away. There are no conditions that could cause James to lose this future interest.