Which statement about a vested remainder is correct?

Which statement about a vested remainder is correct?

• A. No conditions precedent and ascertainable; may be subject to open.
• B. Always requires a condition precedent.
• C. Cannot become possessory until grantor dies.
• D. Is a personal right to occupy.

Answer: (A)

The main idea is what defines a vested remainder. A vested remainder is a future interest that is certain to become possessory when the preceding estate ends, and it has no conditions precedent to its becoming possessory. The person or class that will take is ascertainable, meaning we can identify who will take. If the remainder is a class gift, the class may be open to additional members as new members become identifiable, so the open class concept can apply. That’s why the statement describing a vested remainder as having no conditions precedent, being ascertainable, and potentially being subject to open best captures the concept. It does not require the grantor’s death or depend on an uncertain condition, and it isn’t a personal right to occupy. The other statements misunderstand the timing or nature of a vested remainder: it doesn’t have to wait for the grantor’s death, it isn’t merely a personal occupancy right, and it isn’t defined by a condition precedent.

The main idea is what defines a vested remainder. A vested remainder is a future interest that is certain to become possessory when the preceding estate ends, and it has no conditions precedent to its becoming possessory. The person or class that will take is ascertainable, meaning we can identify who will take. If the remainder is a class gift, the class may be open to additional members as new members become identifiable, so the open class concept can apply.

That’s why the statement describing a vested remainder as having no conditions precedent, being ascertainable, and potentially being subject to open best captures the concept. It does not require the grantor’s death or depend on an uncertain condition, and it isn’t a personal right to occupy. The other statements misunderstand the timing or nature of a vested remainder: it doesn’t have to wait for the grantor’s death, it isn’t merely a personal occupancy right, and it isn’t defined by a condition precedent.