Legal Definitions - remainder estate

A remainder estate is a future interest in a third person who is intended to take after the natural termination of the preceding estate. For example, if a grant is “to A for life, and then to B,” B's future interest is a remainder. The remainder estate arises in someone other than the estate's creator, its initial holder, or the heirs of either.

There are different types of remainder estates, such as:

• Vested Remainder: A remainder that is given to an ascertained person and that is not subject to a condition precedent. For example, “to A for life, and then to B.”
• Contingent Remainder: A remainder that is either given to an unascertained person or made subject to a condition precedent. For example, “to A for life, and then, if B has married before A dies, to B.”
• Defeasible Remainder: A vested remainder that will be destroyed if a condition subsequent occurs. For example, “to A for life, and then to B, but if B ever sells liquor on the land, then to C.”
• Indefeasible Remainder: A vested remainder that is not subject to a condition subsequent. For example, “to A for life, and then to B absolutely.”

The examples illustrate how the remainder estate works in different situations. For instance, a vested remainder is given to a known person, and the interest is not subject to any conditions. On the other hand, a contingent remainder is given to an unknown person or made subject to a condition precedent. The remainder estate is an essential concept in property law, and it helps to determine who will inherit the property after the initial holder's death.