Indefeasible remainders (also referred to as indefeasibly vested remainders) refer to a future interest in property that does not have any condition precedent or future contingency. The term can be confusing and is part of a long tradition in property law that places heavy emphasis on specific words. Indefeasible remainders normally use language such as “to (insert name) and their heirs” in a will or other document to clearly show that the person stated is supposed to get the property in the future no matter what. This is in contrast to other future interests that either have a requirement or end under certain circumstances such as life estates or contingent remainders. For example, a parent may say “to my daughter Christine and her heirs, if she obtains a college degree”; this leaves the possibility that Christine may not receive the interest, meaning it is not indefeasible. For more information on property interests, see the summary of possessory estates here.
[Last updated in March of 2022 by the Wex Definitions Team]