Destructibility Of Contingent Remainders.

 

The term "destructibility of contingent remainders" refers to a legal doctrine that was historically recognized in common law jurisdictions. It relates to the treatment of contingent remainders in property law.

A contingent remainder is a future interest in real property that is granted to a person but is subject to a condition precedent, meaning that it will only take effect if a specific event occurs. The destructibility of contingent remainders doctrine held that if the contingency upon which a remainder was based did not occur before the termination of the preceding estate, the contingent remainder would be "destroyed" or invalidated.

Under this doctrine, if the contingency did not happen before the preceding estate came to an end, the contingent remainder would fail, and the property would revert to the grantor or pass to someone else. This meant that if the specified event did not occur within the time limit set by the preceding estate, the contingent remainder was considered void.

However, it is important to note that the destructibility of contingent remainders doctrine has been largely abolished or modified in many jurisdictions. Many modern legal systems have moved away from this strict rule and instead recognize the validity of contingent remainders even if the contingency does not occur before the expiration of the preceding estate. This change reflects a more flexible approach to property law and a recognition of the intention of the parties involved.