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Home > Law > Law glossary > Law glossary
vested interest
Last modified: Thu Feb 23 16:37:38 2006
An interest in some property that is currently
assigned to a known person. If person A makes a will leaving
certain propery to
``whichever of my children marries first'', then
until they marry, A's children have no vested interest. When one
of them marries, the property is `vested in' that person. Until it
vests, the children have only a ContingentInterest, that is, the
possibility of gaining some interest.
A vested interest need not be in possession; in other words, a person
can have an interest which becomes possessory at some point in the future.
If, for example, A leaves property ``to my wife for life, then to my daughter D'',
D has a vested interest `in remainder'. It is a real interest, and will certainty
come into D's possession in the normal course of events. D could even, in principle,
raise a mortgage on that interest, if anyone were willing to lend on such
security.
If, on the other hand, A's will left the property ``to my wife for life, then
to which ever of my children marries first'', if none of the children are married
when A dies, none of them have a vested interest. They all have, at best, a contingent
interest, which is of no particular value. As soon as one of them marries, the
interest is vested in that person, and all the other contingent interests are destroyed.
If the wife is still alive at that point, then the interest which vests is an interest
in possession; if not, it is an interest in remainder, which will become possessory
in due course.
In reality, no contingent interest is recognized as a separate species of legal
right, and these interests must be given effect by a trust. This means that
the usual rules of trust creation and administration apply. In particular, the
RuleAgainstPerpetuities will come into effect if the contingent interests do
not vest in somebody within a particular time.
LandAndPropertyLaw
TrustLaw
Law glossary index
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