Q&As

Is it possible to assign an interest in reversion where the interest is contingent on the remainderman surviving the life tenant?

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Published on LexisPSL on 26/02/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to assign an interest in reversion where the interest is contingent on the remainderman surviving the life tenant?

Remainders are either vested or contingent, according to whether they are or are not ready for the time being to take effect in possession in the event of the determination of all the preceding estates, whether by natural expiration or otherwise. The remainder may in fact determine before the preceding estates and thus never take effect in possession, but this does not prevent it from being vested.

A contingent remainder is a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed until after the determination of the preceding estate. Contingent remainders are divisible into four classes:

  1. where the remainder depends entirely on a contingent determination of the preceding estate itself

  2. where the contingency is independent of the determination of the preceding estate

  3. where the contingency is certain to happen, but may not happen until after the determination of the particular estate, and

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