Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

remainder subject to partial divestment

Read a random definition: moniment

A quick definition of remainder subject to partial divestment:

A remainder is a type of future interest in property that goes to someone else after the current owner dies or their ownership ends. For example, if someone gives their house to their friend for life, and then to their friend's daughter, the daughter's interest in the house is a remainder. There are different types of remainders, such as vested remainders (when the person who will get the property is already known) and contingent remainders (when the person who will get the property depends on a condition, like if they get married before the current owner dies).

A more thorough explanation:

Remainder

A future interest in a third person who is intended to take after the natural termination of the preceding estate. For example, if a grant is “to A for life, and then to B,” B's future interest is a remainder. If there is only one preceding estate and the remainder vests on that estate's expiration, the remainder is also termed an executed estate.

There are different types of remainders:

  • Vested remainder: A remainder that is given to an ascertained person and that is not subject to a condition precedent. For example, “to A for life, and then to B.”
  • Contingent remainder: A remainder that is either given to an unascertained person or made subject to a condition precedent. For example, “to A for life, and then, if B has married before A dies, to B.”
  • Defeasible remainder: A vested remainder that will be destroyed if a condition subsequent occurs. For example, “to A for life, and then to B, but if B ever sells liquor on the land, then to C.”
  • Indefeasible remainder: A vested remainder that is not subject to a condition subsequent. For example, “to A for life, and then to B absolutely.”
  • Remainder subject to open: A vested remainder that is given to a class of persons whose numbers may change over time and that is to be shared equally by each member of the class. For example, “to A for life, and then equally to all of B's children.”
  • Cross-remainder: A future interest that results when particular estates are given to two or more persons in different parcels of land, or in the same land in undivided shares, and the remainders of all the estates are made to vest in the survivor or survivors.
  • Charitable remainder: A remainder, usually from a life estate, that is given to a charity. For example, “to Jane for life, and then to the American Red Cross.”

Remainders can be created by a will or a deed. They are important in estate planning and property law.

remainder interest | remainder vested subject to open

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
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
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?
LSD+ is ad-free, with DMs, discounts, case briefs & more.