Legal Definitions - indefeasible remainder

Definition: An indefeasible remainder is a future interest in property that is not subject to any conditions or contingencies. It is a type of property interest that is guaranteed to go to a specific person or entity, regardless of any future events or circumstances.

Indefeasible remainders are often created using specific language, such as "to (insert name) and their heirs" in a will or other legal document. This language makes it clear that the named person or entity is entitled to the property interest without any conditions or contingencies.

For example, if a parent leaves property to their daughter "and her heirs," this creates an indefeasible remainder because the daughter is guaranteed to receive the property interest without any conditions or contingencies. In contrast, if the parent left the property to their daughter "if she obtains a college degree," this would not be an indefeasible remainder because the daughter's entitlement to the property interest is contingent on her obtaining a college degree.

Overall, an indefeasible remainder is a type of property interest that provides a clear and certain entitlement to a specific person or entity, without any conditions or contingencies that could affect their right to the property.