Simple English definitions for legal terms
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Remainder Vested Subject to Open
Remainder Vested Subject to Open is a type of future interest in property that is given to a class of people whose numbers may change over time and is to be shared equally by each member of the class. The class must have at least one member, but more can be added over time. For example, "to A for life, and then equally to all of B's children."
This type of remainder is vested because it is given to an ascertained person and is not subject to a condition precedent. It is subject to open because the class of people who will receive the property is not yet fully determined and can change over time.
Other types of remainders include:
The examples illustrate how Remainder Vested Subject to Open works. In the example "to A for life, and then equally to all of B's children," the remainder is vested because it is given to a group of people who are already ascertained (B's children). However, it is subject to open because the number of people who will receive the property is not yet fully determined and can change over time if more children are born to B.