UNIFORM STATUTORY RULE AGAINST PERPETUITIES
Back to GlossaryDefinition
A legislatively created alternative to the Common Law RAP that typically sets the perpetuities period at 90 years.
Summary
The Uniform Statutory Rule Against Perpetuities (USRAP) is a modern legislative reform that simplifies the traditional Common Law Rule Against Perpetuities. Instead of the complex 'lives in being plus 21 years' formula, USRAP creates a bright-line rule with a fixed 90-year period from the creation of the interest. This statutory alternative was designed to reduce litigation and uncertainty while still preventing property interests from being tied up indefinitely. Many states have adopted USRAP either as a complete replacement for the common law rule or as an alternative 'wait and see' approach.
Usage Context
Understanding USRAP is crucial when analyzing modern estate planning documents, trust instruments, and property transfers. It's particularly important when comparing how different jurisdictions handle perpetuities violations and when advising clients on long-term wealth transfer strategies.
Common Confusions
- Thinking USRAP completely replaces the Common Law RAP in all jurisdictions
- Confusing the 90-year period with the 21-year period from the Common Law rule
- Assuming USRAP applies retroactively to all existing trusts and estates
- Believing that USRAP eliminates all perpetuities violations
- Misunderstanding when the 90-year clock starts ticking
