Estate Planning: Contingent Interests and Afterborn Children in Property Law
This legal analysis discusses the implications of contingent interests and afterborn children in property law as addressed in the given problems from page 290. Problem 5 explores the situation of A's widow and their issue concerning the vesting of interests despite the widow not being born yet. Problem 6 examines A's children and the contingencies related to A's death and whether they have descendants. It underscores the uncertainty of grandchild survivorship and its effects on property rights.
Estate Planning: Contingent Interests and Afterborn Children in Property Law
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Presentation Transcript
Problem 5, p. 290 A(LIB) - LE A’s widow (not LIB) -LE A’s issue then living Good, even if widow not yet born, because will vest by end of A’s life in being No good; widow not yet alive; has A’s child after date of Conveyance, so issue not LIBs
Problem 6(a), page 290 T’s death A (LIB) - LE A (LIB)’s children – contingent LE B, if A dies childless OK. Vests in either A’s children or in B upon death of A=LIB
Problem 6(b), page 290 New, (afterborn) kid (not LIB) T’s death A (LIB) - LE A (LIB)’s children – contingent LE B, if A has no grandchildren then living No; can’t know if grandchildren living until death of afterborn kid