You do not have permission to edit this page, for the following reasons:

This IP address has been blocked from editing Wikipedia.
This does not affect your ability to read Wikipedia pages.
Most people who see this message have done nothing wrong. Some kinds of blocks restrict editing from specific service providers or telecom companies in response to recent abuse or vandalism, and can sometimes affect other users who are unrelated to that abuse. Review the information below for assistance if you do not believe that you have done anything wrong.

The IP address or range 44.201.0.0/16 has been blocked (disabled) by ‪ST47‬ for the following reason(s):

The IP address that you are currently using has been blocked because it is believed to be a web host provider. To prevent abuse, web hosts may be blocked from editing Wikipedia.
You will not be able to edit Wikipedia using a web host provider because it hides your IP address, much like a proxy or VPN.
We recommend that you attempt to use another connection to edit. For example, if you use a proxy or VPN to connect to the internet, turn it off when editing Wikipedia. If you edit using a mobile connection, try using a Wi-Fi connection, and vice versa. If you are using a corporate internet connection, switch to a different Wi-Fi network. If you have a Wikipedia account, please log in.
If you do not have any other way to edit Wikipedia, you will need to request an IP block exemption.

How to appeal if you are confident that your connection does not use a web host's IP address:
If you are confident that you are not using a web host, you may appeal this block by adding the following text on your talk page: ((unblock|reason=Caught by a web host block but this host or IP is not a web host. My IP address is _______. Place any further information here. ~~~~)). You must fill in the blank with your IP address for this block to be investigated. Your IP address can be determined here. Alternatively, if you wish to keep your IP address private you can use the unblock ticket request system. There are several reasons you might be editing using the IP address of a web host (such as if you are using VPN software or a business network); please use this method of appeal only if you think your IP address is in fact not a web host.

Administrators: The IP block exemption user right should only be applied to allow users to edit using web host in exceptional circumstances, and they should usually be directed to the functionaries team via email. If you intend to give the IPBE user right, a CheckUser needs to take a look at the account. This can be requested most easily at SPI Quick Checkuser Requests. Unblocking an IP or IP range with this template is highly discouraged without at least contacting the blocking administrator.

This block will expire on 23:54, 31 July 2024.

Even when blocked, you will usually still be able to edit your user talk page, as well as email administrators and other editors.

For information on how to proceed, please read the FAQ for blocked users and the guideline on block appeals. The guide to appealing blocks may also be helpful.

Other useful links: Blocking policy · Help:I have been blocked
Your IP address is in a range that has been blocked on all Wikimedia Foundation wikis. The block was made by ‪AntiCompositeNumber‬. The reason given is Open proxy/Webhost: Visit the FAQ if you are affected .
- Start of block: 13:55, 18 August 2022
- Expiry of block: 13:55, 18 April 2025
Your current IP address is 44.201.104.180. The blocked range is 44.201.0.0/16. Please include all above details in any queries you make. If you believe you were blocked by mistake, you can find additional information and instructions in the No open proxies global policy. Otherwise, to discuss the block please post a request for review on Meta-Wiki. You could also send an email to the stewards VRT queue at stewards@wikimedia.org including all above details.

You can view and copy the source of this page:

((More citations needed|date=July 2016))
((Property law))
In [[property law]] of the [[United Kingdom]] and the [[United States]] and other [[common law]] countries, a '''remainder''' is a [[future interest]] given to a person (who is referred to as the transferee or [[remainderman]]) that is capable of becoming possessory upon the natural end of a prior estate created by the same instrument.<ref>((Cite web |title=remainder (property law) definition · LSData |url=https://www.lsd.law/define/remainder-property-law |access-date=2023-07-30 |website=www.lsd.law))</ref> Thus, the prior estate must be one that is capable of ending naturally, for example upon the expiration of a term of years or the death of a life tenant. A future interest following a [[fee simple absolute]] cannot be a remainder because of the preceding infinite duration.

For example:
: A person, '''((sc|A))''', conveys (gives) a piece of real property called "[[Blackacre]]" "to '''((sc|B))''' for life, and then to '''((sc|C))''' and her heirs".
:* '''((sc|B))''' receives a [[life estate]] in Blackacre.
:* '''((sc|C))''' holds a ''remainder'', which can become ''possessory'' when the prior estate naturally terminates ('''((sc|B))'''<nowiki/>'s death). However, '''((sc|C))''' cannot claim the property during '''((sc|B))'''<nowiki/>'s lifetime.

There are two types of remainders in property law: ''vested'' and ''contingent''. A ''vested remainder'' is held by a specific person without any conditions (''"conditions precedent"''); a ''contingent remainder'' is one for which the holder has not been identified, or for which a ''condition precedent'' must be satisfied.<ref name=Black-1891>((cite dictionary |author=Black, H.C. |author-link=Henry Campbell Black |year=1891 |title=Remainder |dictionary=A Dictionary of Law |edition=9th |place=Saint Paul, MN |publisher=West Publishing Co |url=https://babel.hathitrust.org/cgi/pt?id=uiug.30112076155206;view=1up;seq=1034))</ref>((rp|style=ama|pp= 1018–1019))

==Vested remainder==
A remainder is vested if both<ref>28 Am. Jur. 2d Estates § 203.</ref>
# The remainder is given to a presently existing and ascertained person.
# It is not subject to a ''"condition precedent"''.

There are three types of vested remainders:<ref name=":0">28 Am. Jur. 2d Estates § 204.</ref>
*  ''indefeasibly'' vested
*  vested ''subject to open''
*  vested ''subject to divestment''.

===Indefeasibly vested===
An ''indefeasibly vested'' remainder is certain to become possessory in the future, and cannot be divested.<ref name=":0"/>
:; For example:
:: '''((sc|A))''' conveys to "'''((sc|B))''' for life, then to '''((sc|C))''' and '''((sc|C))'''<nowiki/>'s heirs."
: '''((sc|C))''' has an ''indefeasibly vested'' remainder, certain to become possessory upon termination of '''((sc|B))'''<nowiki/>'s life estate (when '''((sc|B))''' dies). '''((sc|C))''' or '''((sc|C))'''<nowiki/>'s heirs will clearly be entitled to possession upon '''((sc|B))'''<nowiki/>’s death.

===Subject to open===
Vested remainders ''subject to open'' are rare.<ref name=":1">3 Powell on Real Property § 20.04.</ref>
:; The most common example is:
:: "'''((sc|A))''' conveys Blackacre to '''((sc|B))''' for life, remainder to the children of '''((sc|C))''' in fee simple, and '''((sc|C))''' has two children '''((sc|D))''' and '''((sc|E))'''".<ref name=":1"/>
: Both '''((sc|D))''' and '''((sc|E))''' are ascertainable people, but both might die before '''((sc|C))''', so the vested remainder is not certain to become possessory and thus the remainder is ''defeasible''.

The most important distinction between vested remainders ''subject to open'' and ''indefeasibly vested'' remainders are that ''vested subject to open'' remainders can be subject to language in the conveyance which can enlarge the class of persons which have a future interest in the property. Thus, '''((sc|C))''' may have more children than just '''((sc|D))''' and '''((sc|E))''' who will also have a future interest in Blackacre.<ref>Restatement of Property § 157, Comment 2.</ref>

===Subject to divestment===
Vested remainders ''subject to divestment'' are remainders that may be terminated by an executory interest before becoming possessory.<ref name=":2">((cite journal |first=D. Benjamin |last=Barros |year=2009 |title=Toward a model law of estates and future interests |journal=Washington & Lee Law Review |volume=66 |issue=1 |page=3 |issn=0043-0463 |publisher=[[Washington and Lee University]] School of Law |url=https://scholarlycommons.law.wlu.edu/wlulr/vol66/iss1/2))</ref>
:; For example:
:: "'''((sc|A))''' conveys Blackacre to '''((sc|B))''' for life, then to '''((sc|C))''', but if '''((sc|C))''' ever becomes a lawyer, then to '''((sc|D))'''."<ref name=":2"/>
: The future interest of '''((sc|C))''' is not certain, thus it is ''"defeasible"''. Additionally, the interest cannot become smaller by the addition of more remainder owners, thus it is not ''"open"''. The identifying component is the possibility of being divested by '''((sc|D))''' who owns an executory interest from the remainder if '''((sc|C))''' becomes a lawyer.<ref name=":2"/>

==Contingent remainder==
The contingent remainder is one that is surrounded in uncertainty.<ref name=":1"/> A remainder is ''contingent'' if one or more of the following is true: (1) it is conveyed to an unascertained or unborn person, (2) it is made contingent on anything but the natural termination of the preceding estate.<ref name=":1"/>
: For example, if we assume that '''((sc|C))''' is alive, and '''((sc|A))''' conveys "to '''((sc|B))''' for life, then to the heirs of '''((sc|C))'''&nbsp;...", then the remainder is contingent because the heirs of '''((sc|C))''' cannot be ascertained until '''((sc|C))''' dies. No person, while living, can actually have heirs – only [[heir apparent|"heirs apparent"]] or [[heir presumptive|"heirs presumptive"]]. We might also assume that '''((sc|C))''' is unmarried, and '''((sc|A))''' conveys "to '''((sc|B))''' for life, and then to '''((sc|C))''' if '''((sc|C))''' marries." '''((sc|C))'''<nowiki/>'s interest is a ''contingent remainder'' because '''((sc|C))'''<nowiki/>'s interest depends on '''((sc|C))'''<nowiki/>'s getting married.<ref name=Black-1891/>((page needed|date=September 2022))

In recent years, courts in the United States have merged contingent remainders with [[executory interest]]s into one category.<ref name=":1"/>

==Identifying remainders==
The key difference between a [[Reversion (law)|reversion]] and a remainder is that a reversion is held by the grantor of the original conveyance, whereas "remainder" is used to refer to an interest that would be a reversion, but is instead transferred to someone other than the grantor. Similarly to reversions, remainders are usually created in conjunction with a life estate, life estate ''pur autre vie'', or fee tail estate (or a future interest that will eventually become one of these estates).

;Language note: Although the term ''reversion'' is sometimes used to refer to the interest retained by a landlord when he grants possession to a tenant, not all real estate professionals can agree on the correctness of this use of the term. Few people would refer to such a transferred interest as a ''remainder'', so this type of "remainder" tends not to be a problem when discussing property rights.

==Examples==
;"'''((sc|A))''' and her heirs, then to '''((sc|B))'''"
:'''((sc|B))'''<nowiki/>'s estate is not a remainder since a remainder cannot follow an estate held in fee simple absolute.
;"'''((sc|A))''' for life, then to '''((sc|B))'''"
:'''((sc|B))'''<nowiki/>'s estate is a vested remainder since the remainder is given to an ascertained person ('''((sc|B))''') and there are no precedent conditions (such as "if '''((sc|B))''' is not married").
;"'''((sc|A))''' for life, then to '''((sc|B))''' if '''((sc|B))''' reaches 21, and if '''((sc|B))''' does not reach 21 then to '''((sc|C))''' and '''((sc|C))'''<nowiki/>'s heirs"
:'''((sc|B))'''<nowiki/>'s and '''((sc|C))'''<nowiki/>'s estates are both contingent remainders.  While '''((sc|B))''' and '''((sc|C))''' are ascertained persons, the condition (reaching 21) implies alternative contingent remainders for both parties.

==Special remainder in peerages==
((main|Hereditary peer#Inheritance of peerages))
In the [[United Kingdom]] it is possible for a [[Letters patent|patent]] creating a [[hereditary peer]]age to allow for succession by someone other than an heir-male or heir of the body, under a so-called "special remainder".

Several instances may be cited:
* The [[Earl Nelson|Barony of Nelson]] (to an elder brother and his heirs-male).
* The [[Earl Roberts|Earldom of Roberts]] (to a daughter and her heirs-male).
* The [[Earl Amherst|Barony of Amherst]] (to a nephew and his heirs-male).
* The [[Duke of Dover|Dukedom of Dover]] (to a younger son and his heirs-male while the eldest son is still alive).

In many cases, at the time of the grant the proposed peer in question had no sons, nor any prospect of producing any, and the special remainder was made to allow remembrance of his personal honour to continue after his death and to preclude an otherwise certain rapid extinction of the peerage. However, in all cases the course of descent specified in the patent must be known in common law.

For instance, the Crown may not make a "shifting limitation" in the letters patent; in other words, the patent may not vest the peerage in an individual and then, upon some event other than death (such as succession to a higher title), shift the title to another person. The doctrine was established in the ''[[Buckhurst Peerage Case]]'' [[legal citation|(1876) 2 App Cas 1]], in which the House of Lords deemed invalid the letters patent intended to keep the [[Baron Buckhurst|Barony of Buckhurst]] separate from the [[Earl De La Warr|Earldom of De La Warr]]. The patent stipulated that if the holder of the barony should ever inherit the earldom, then he would be deprived of the barony, which would instead pass to the next successor as if the deprived holder had died without issue.

== See also ==

* [[Executory interest]]
*[[Future interest]]
* [[Rule in Shelley's Case]]
* [[Doctrine of worthier title]]

==References==
((reflist|25em))

((Authority control))

[[Category:Common law]]
[[Category:Property law]]

Pages transcluded onto the current version of this page (help):

Remainder (law) (edit)
Template:Ambox (view source) (template editor protected)
Template:Authority control (view source) (template editor protected)
Template:Category handler (view source) (protected)
Template:Cite dictionary (view source) (protected)
Template:Cite encyclopedia (view source) (protected)
Template:Cite journal (view source) (protected)
Template:Cite web (view source) (protected)
Template:Delink (view source) (protected)
Template:Find sources mainspace (view source) (template editor protected)
Template:Fix (view source) (protected)
Template:Fix/category (view source) (protected)
Template:Hlist/styles.css (view source) (protected)
Template:Law sidebar style/styles.css (view source) (semi-protected)
Template:Main (view source) (template editor protected)
Template:Main other (view source) (protected)
Template:More citations needed (view source) (template editor protected)
Template:Page needed (view source) (template editor protected)
Template:Property law (edit)
Template:R/superscript (view source) (template editor protected)
Template:R/where (view source) (template editor protected)
Template:Reflist (view source) (protected)
Template:Reflist/styles.css (view source) (protected)
Template:Rp (view source) (template editor protected)
Template:Sc (view source) (template editor protected)
Template:Sidebar (view source) (template editor protected)
Template:Smallcaps all (view source) (template editor protected)
Template:Yesno (view source) (protected)
Module:Arguments (view source) (protected)
Module:Authority control (view source) (template editor protected)
Module:Authority control/config (view source) (template editor protected)
Module:Category handler (view source) (protected)
Module:Category handler/blacklist (view source) (protected)
Module:Category handler/config (view source) (protected)
Module:Category handler/data (view source) (protected)
Module:Category handler/shared (view source) (protected)
Module:Check for unknown parameters (view source) (protected)
Module:Citation/CS1 (view source) (protected)
Module:Citation/CS1/COinS (view source) (protected)
Module:Citation/CS1/Configuration (view source) (protected)
Module:Citation/CS1/Date validation (view source) (protected)
Module:Citation/CS1/Identifiers (view source) (protected)
Module:Citation/CS1/Utilities (view source) (protected)
Module:Citation/CS1/Whitelist (view source) (protected)
Module:Citation/CS1/styles.css (view source) (protected)
Module:DecodeEncode (view source) (template editor protected)
Module:Delink (view source) (protected)
Module:EditAtWikidata (view source) (protected)
Module:Find sources (view source) (template editor protected)
Module:Find sources/config (view source) (template editor protected)
Module:Find sources/links (view source) (template editor protected)
Module:Find sources/templates/Find sources mainspace (view source) (template editor protected)
Module:Format link (view source) (template editor protected)
Module:GetParameters (view source) (template editor protected)
Module:Hatnote (view source) (template editor protected)
Module:Hatnote/styles.css (view source) (template editor protected)
Module:Hatnote list (view source) (template editor protected)
Module:Labelled list hatnote (view source) (template editor protected)
Module:Message box (view source) (protected)
Module:Message box/ambox.css (view source) (protected)
Module:Message box/configuration (view source) (protected)
Module:Namespace detect/config (view source) (protected)
Module:Namespace detect/data (view source) (protected)
Module:Navbar (view source) (protected)
Module:Navbar/configuration (view source) (protected)
Module:Navbar/styles.css (view source) (protected)
Module:Navbox (view source) (template editor protected)
Module:Navbox/configuration (view source) (template editor protected)
Module:Navbox/styles.css (view source) (template editor protected)
Module:Plain text (view source) (template editor protected)
Module:Sidebar (view source) (template editor protected)
Module:Sidebar/configuration (view source) (template editor protected)
Module:Sidebar/styles.css (view source) (template editor protected)
Module:String (view source) (protected)
Module:String2 (view source) (template editor protected)
Module:Unsubst (view source) (protected)
Module:Yesno (view source) (protected)

Return to Remainder (law).

Retrieved from "https://en.wikipedia.org/wiki/Remainder_(law)"