The rule against perpetuities does not apply to which type of disposition?

• A. Real property
• B. Personal property
• C. Charitable gifts
• D. Property held in private trust

Answer: (C)

The rule against perpetuities is intended to prevent private interests from vesting too far in the future, but charitable gifts are treated differently. Gifts to charity are exempt from the rule because they serve a public, rather than private, purpose. The public policy behind RAP is not a barrier to perpetual charitable arrangements; instead, courts typically allow charitable gifts to endure for an indefinite period and can apply the cy pres doctrine to preserve the intended charitable purpose if needed.

In contrast, interests in real property, personal property, and property held in private trusts create private beneficiaries or private interests whose vesting timing RAP is designed to regulate. Those interests can be void if they might vest too far in the future, so they fall within the usual RAP framework.