Arizona Laws 33-228. Indestructibility of contingent remainders
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A. A remainder valid in its creation is not defeated by determination of the precedent estate before the contingency occurs upon which the remainder is limited to take effect. If the contingency occurs after determination of the precedent estate, the remainder shall take effect as if the precedent estate had continued to the time when the contingency occurs.
Terms Used In Arizona Laws 33-228
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
B. The alienation of a particular estate upon which a remainder depends, whether the alienation is by deed or will or by the union of such particular estate with the inheritance by purchase or by descent, shall not operate to defeat, impair or in any way affect such remainder.