Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

presumption-of-fertility rule

Read a random definition: in being

A quick definition of presumption-of-fertility rule:

The presumption-of-fertility rule is a legal idea that says a woman can have a baby as long as she is alive. This rule is used when deciding if a gift in a will is allowed or not. For example, if a person leaves money to their grandkids, but their child is already 79 years old, the gift might not be allowed because the child could still have another baby who would be born too late. This rule is sometimes called the fertile-octogenarian rule.

A more thorough explanation:

The presumption-of-fertility rule is a legal concept that assumes a woman can become pregnant as long as she is alive. This rule is used in the context of the rule against perpetuities, which limits the duration of certain types of property interests.

For example, suppose a testator leaves a bequest in trust to pay the income to A for her life, then to pay the income to the children of A for their lives, and upon the death of the survivor of such children, to pay the principal to the grandchildren of A. If A is 79 years old at the time of the testator's death and has two children, the remainder to the grandchildren may be invalid under the rule against perpetuities. This is because the law assumes that every person is capable of having children until the day they die, and therefore A could have an additional child who would not be a life in being at the testator's death, and that child could have a child who would be born beyond the permissible period.

The presumption-of-fertility rule is sometimes referred to as the "fertile octogenarian" rule, and it is based on the legal fiction established in the case of Jee v. Audley. This rule is used to determine whether a property interest violates the rule against perpetuities.

Overall, the presumption-of-fertility rule is a legal concept that assumes a woman can become pregnant as long as she is alive, and it is used to determine the validity of certain types of property interests under the rule against perpetuities.

presumption of death | presumption-of-identity rule

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
LSD+ is ad-free, with DMs, discounts, case briefs & more.