The Uniform Probate Code Upends the Law of Remainders

Authors

Jesse Dukeminier, University of California, Los AngelesFollow

Abstract

Nothing is more settled in the law of remainders than that an indefeasibly vested remainder is transmissible to the remainderman's heirs or devisees upon the remainderman's death. Thus, where a grantor conveys property "to A for life, then to B and her heirs," B's remainder passes to B's heirs or devisees if B dies during the life of A. Inheritability of vested remainders was recognized in the time of Edward I, and devisability was recognized with the Statute of Wills in 1540.

Recommended Citation

Jesse Dukeminier, The Uniform Probate Code Upends the Law of Remainders, 94 Mich. L. Rev. 148 (1995).
Available at: https://repository.law.umich.edu/mlr/vol94/iss1/4