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Simple English definitions for legal terms
fertile-octogenarian rule
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A quick definition of fertile-octogenarian rule:
The fertile-octogenarian rule is an old idea that said a person could have a baby no matter how old they were. This rule was used to make sure that property in a will could be given to someone within a certain amount of time. But now, most states have changed this rule to only consider a certain age for fertility or to wait and see if a person actually has a baby before giving them property.
A more thorough explanation:
The fertile-octogenarian rule is a legal concept that used to be applied to the rule against perpetuities. This rule stated that a person is capable of having children no matter their age or physical condition. The rule against perpetuities requires that the owners of property in a will be ascertainable within a certain period of time. If a person having a child would break the rule against perpetuities, the person will be considered capable of having a child no matter their age or physical condition.
For example, if a person creates a trust that will last for 100 years after their death, the rule against perpetuities requires that all beneficiaries of the trust be ascertainable within 100 years. If the trust includes a provision that gives the property to the first child of the grantor's great-grandchild, the fertile-octogenarian rule would allow the great-grandchild to have a child at any age, even if they are over 80 years old.
Most states have changed this rule by limiting the age of fertility considered for the rule, or instead of considering what could possibly occur, some states wait and see what actually occurs to see if the rule is broken.