Document Type

Article

Publication Date

1990

Abstract

Uniform perpetuity reform is on the march, and Oregon has joined the parade. On January 1, 1990, the Uniform Statutory Rule Against Perpetuities (Uniform Act) became effective in Oregon. Although promulgated only three years ago, the Uniform Act has been enacted in over twenty percent of the states and appears to be on its way toward enactment in several others. Prior to the adoption of the Uniform Act, Oregon followed the common-law Rule Against Perpetuities (common-law Rule). Noted for its unjust consequences, the common-law Rule disregards actual events and invalidates a contingent (nonvested) future interest merely on the grounds of what might happen. Regardless of what actually happens, an interest is invalid at common law if it is not certain to vest (or terminate) within twenty-one years after the death of a life in being at the creation of the interest. Oregon practitioners and their clients will appreciate the fact that the Uniform Act not only eliminates the unjust consequences of the common-law Rule but also eliminates wasteful perpetuity litigation. Most of all, perhaps, Oregon practitioners will appreciate the fact that the Act does not require them to learn a complicated new scheme of perpetuity law.


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