Sturley's Strategy for Rule Against Perpetuities Problems

1.

Classify present and future interests without

regard for the Rule Against Perpetuities

2.

Identify future interests (if any) subject to

the Rule Against Perpetuities

3.

Determine when (if ever) these future interests

will vest, considering all possible scenarios
for vesting

4.

Determine if vesting might occur beyond the

perpetuity period (meaning the interest fails)
or if it must occur (if at all) within the
perpetuity period (meaning the interest is
valid).
To determine that vesting might occur
beyond the perpetuity period, you must
imagine a scenario in which all LIBs die,
a period longer than 21 years passes, and
the interest nevertheless vests.
To determine that vesting must occur (if
at all) within the perpetuity period, you
must identify an LIB who must (a) be alive
when the interest is created and (b) be
either alive when the interest vests (if
at all) or alive within 21 years of any
vesting that ever occurs. Remember, if an
interest will never vest, it will not vest
too late.

5.

Eliminate invalid interests (if any) (the bluepencil test).

6.

If any interests were invalid, re-classify the

present and future interests that remain (using
the modified language of the grant).