Also known as: Uniform Rules · uniform rules of civil procedure · uniform rules of evidence
Written by attorneys · grounded in primary & secondary sources — see below
A statutory reform of the rule against perpetuities that retains the validating side of the common-law rule but replaces the invalidating side with a wait-and-see approach under which an interest is valid if it actually vests within a 90-year period.
Grantor conveys Blackacre to his daughter for life, remainder to her children who attain age thirty. Under the Uniform Rule the remainder interest is tested by whether any child actually attains the age within ninety years of the conveyance. Because the condition is satisfied in fact, the interest is valid and passes to the grandchildren without court reformation.
Settlor transfers property in trust to pay income to son for life, remainder to son's first child to reach age twenty-five. The Uniform Rule preserves the interest because the child in fact reaches twenty-five well within the ninety-year period measured from the transfer. The disposition therefore remains enforceable exactly as written.
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The Uniform Rule keeps the validating side of the common-law rule intact. It replaces the invalidating side with a wait-and-see mechanism that tests whether an interest actually vests within ninety years rather than asking whether it might vest too remotely at the time of creation.
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The interest is not automatically invalid. It remains valid if the condition precedent or vesting event actually occurs within the ninety-year period. If it does not, the court may reform the disposition to approximate the transferor's intent within the permissible period.
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No. Dispositions that satisfy the common-law rule remain valid under the Uniform Rule. Practitioners may continue to use saving clauses to ensure validity on the validating side while the wait-and-see element applies only to interests that would have failed at common law.
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