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This Arcane Law Could VOID Property Rights

Property law can be complex and arcane, even for lawyers and judges. The rule against perpetuities is an example of how older property laws can influence how families transfer and inherit property rights. Arcane Law Could VOID Property Rights

POSTED ON: September 16, 2022
Raleigh North Carolina Woods Forest Wallpaper
Raleigh North Carolina Woods Photo By: Emma Frances Logan

This Arcane Law Could VOID Property Rights

Why You Need an Estate Planning Attorney

The saying “You Don’t Know What You Don’t Know” is most apt in estate planning. A well-meaning person may create a will with the goal of leaving property to grandchildren, only for the children or their parents to learn after the grandparent’s passing that the law does not permit the property to be transferred.  This Arcane Law Could VOID Your Property Rights. This is Why You Need an Estate Planning Attorney.

This Arcane Law VOIDS Your Property Right Raleigh North Carolina Woods Forest Wallpaper
Arcane Law VOIDS Your Property Right Raleigh North Carolina Woods Photo By: Emma Frances Logan

A recent article titled “The Arcane Law That Could Derail Your Inheritance Plans” from yahoo! entertainment is a good example of the importance of estate planning attorneys to create effective estate plans.  The Risks of Creating Your Own Estate Plan

The rule against perpetuities may prevent a property from remaining in the family if it takes too long for the will’s conditions to be met.

The rule against perpetuities creates a standard for when an interest in land or property must vest. The rule against perpetuities stipulates that a will, estate plan, or other legal documents intending to transfer property ownership more than twenty-one years after the death of the primary (decedent) becomes VOID.  This Arcane Law Could VOID Your Property Rights

This rule means a person can’t legally guarantee their grandchildren, great-grandchildren or other heirs in the future may retain ownership of the grantor’s property. This may be an obscure law. However, the problem becomes real if and when someone should challenge the will, as this is a legitimate legal argument to be made.  5 steps to minimize the risk that your Will is challenged

This is an old law dating back to 17th century England, when courts wanted heirs and descendants to be able to buy and sell land without the influence of ancestors who tried to control property over many generations.

The United States adopted this law and while many legal authorities see it as being outdated, only some states have drafted modifications or new laws to change it.

In 1986, thirty-one states addressed the problem by drafting a “wait and see” approach, meaning an interest in the property must vest within ninety years of the implementation of a will or life estate.

This has alleviated the limit, meaning a will or other transfer of property has nine decades to vest before it becomes void.

 

Reference: yahoo! entertainment (Aug. 20, 2022) “The Arcane Law That Could Derail Your Inheritance Plans”

Suggested Key Terms: Estate Planning Attorney, Vest, Property Transfer, Wait and See, Inheritance, Grandchildren, Courts, Generations, Grantor, Decedent

Arcane Law Could VOID Property Rights

If your estate plan includes leaving assets for grandchildren, including real estate property, speak with your estate planning attorney about this admittedly arcane law. If your state is one that has not adopted the “wait and see” approach, you will be glad you prepared.

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