The remoteness of vesting rule requires that vesting occur not later than:

• A. 21 years after one or more lives in being at creation plus any gestation involved
• B. Nine months after birth
• C. 50 years after creation
• D. At creation

Answer: (A)

The main idea is the Rule Against Perpetuities: a future interest must vest, if at all, no later than 21 years after a life in being at the creation of the interest, counting any gestation involved. A life in being is someone alive when the instrument is created. If there are multiple lives in being, the period runs until the death of the last such life. The “gestation involved” part means that if a child is conceived but unborn at creation, that child counts as a life in being for purposes of measuring the period, and the 21-year window can extend to include the gestation of that child. So, vesting must occur within 21 years after the death of a life in being at creation, plus any gestation involved.