Legal Definitions - measuring life

A measuring life is a specific individual whose lifespan is used to determine whether a future interest in property will become certain and unconditional (or "vest") within the time limits established by the Rule Against Perpetuities. This legal rule prevents property from being tied up indefinitely in the future, ensuring that its ownership eventually becomes clear. For someone to be a measuring life, they must have been alive at the moment the will or trust creating the future interest became effective.

Here are some examples to illustrate this concept:

• Example 1: A Family Trust for Future Generations

  A wealthy individual, Mr. Thompson, creates a trust in his will. The trust specifies that his valuable art collection will be held for his daughter, Sarah, for her lifetime. After Sarah's death, the collection is to pass to Sarah's first grandchild who reaches the age of 30. Sarah is alive when Mr. Thompson dies.

  • Measuring Life: Sarah is the measuring life.
  • Explanation: When Mr. Thompson dies, Sarah is alive. The future interest (the art collection going to Sarah's first grandchild) depends on Sarah's life. The Rule Against Perpetuities requires that this grandchild's interest must "vest" (become certain) within 21 years after Sarah's death. Since Sarah was alive when the trust was created (at Mr. Thompson's death), her life provides the necessary benchmark to determine if the future interest is valid under the rule.

• Example 2: Conditional Charitable Donation

  Ms. Rodriguez's will leaves a significant sum of money to a local animal shelter, but only if the shelter constructs a new veterinary clinic named in her honor within two years of the death of her beloved pet's veterinarian, Dr. Lee. Dr. Lee is alive when Ms. Rodriguez dies.

  • Measuring Life: Dr. Lee is the measuring life.
  • Explanation: The animal shelter's right to receive the money is a future interest, contingent on an event (building the clinic) that is tied to Dr. Lee's death. Because Dr. Lee was alive when Ms. Rodriguez's will became effective, his life serves as the reference point for the Rule Against Perpetuities. The rule ensures that the condition (building the clinic) must be met within 21 years after Dr. Lee's death for the gift to be considered valid and not violate the rule against property being tied up indefinitely.

• Example 3: Commercial Property Development

  A property owner, Mr. Chen, enters into an agreement to lease a parcel of land to a developer for a period defined as "the lifetime of Mr. Chen's youngest son, Leo, plus 25 years." Leo is a toddler when the lease agreement is signed.

  • Measuring Life: Leo is the measuring life.
  • Explanation: The duration of the lease, which represents a property interest, is directly linked to Leo's lifespan. Since Leo is alive when the lease agreement is created, his life serves as the "measuring life" to determine the maximum possible duration of the lease under the Rule Against Perpetuities. This ensures that the property will not be indefinitely encumbered by this lease beyond a reasonable period after Leo's death, allowing for future clarity of ownership.