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Simple English definitions for legal terms

rule against inalienability

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A quick definition of rule against inalienability:

The rule against inalienability means that property cannot be made impossible to transfer or sell. This is also known as the rule against trusts that last forever. It is different from the rule against perpetuities, which limits how long a trust can last.

A more thorough explanation:

Definition: The rule against inalienability is a principle that states that property cannot be made nontransferable. It is also known as the rule against trusts of perpetual duration. This means that property cannot be tied up in a trust forever, and must be able to be transferred or sold at some point.

Examples:

  • A wealthy individual creates a trust that states their property can never be sold or transferred to anyone else. This violates the rule against inalienability because it makes the property nontransferable.
  • On the other hand, a trust that allows for the transfer of property after a certain amount of time has passed does not violate the rule against inalienability.

The examples illustrate how the rule against inalienability works. The first example shows how a trust that makes property nontransferable violates the rule, while the second example shows how a trust that allows for transfer after a certain amount of time does not violate the rule.

rule against accumulations | rule against pyramiding inferences

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