Drafting Tip: Most RAP problems Can Be Avoided by Careful Drafting

 Unborn Widow Problem

Grutz conveys "to A for life, remainder to A's widow for her life, remainder to the children of A living at his widow's death."

Assume A is alive and is married to B at the time of the conveyance. A and B are both middle aged and in a happy marriage.

Let's fix it:

Suppose instead Grutz conveys "to A for life, remainder to B for her life, remainder to the children of A who survive both A and B."

Apply RAP to the contingent remainder.

Fertile Octogenarian Problem

Suppose on November 1, 2022, Grutz, the owner of Blackacre in Fee Simple Absolute, conveys it:

"To A for life, then to A's children for their lives, and upon the death of A's last surviving child, then to A's living grandchildren and their heirs.

What is the state of the title?

Apply the RAP. Suppose that at the time of the conveyance A was an 8o year old widower and had only one child, A, Jr., who was 50 years old.

 

Let's fix it:

 

Suppose instead Grutz conveys "To A for life, then to A, Jr. for life, then to A's living grandchildren and their heirs."

 

Apply RAP to the contingent reaminder.