In property law, a remainder subject to open is a remainder left: (1) in the interest of a class of persons; one or more of whom are alive; and (2) subject to diminution by another person joining the class of persons. One common example of a remainder subject to open is a will leaving an estate to an heir and their heir's children. In such a case, the heir's children who are alive at the time of conveyance have an interest subject to open and will share that interest with any other of the heir's children who are born after the conveyance. (A conveys to B for life, then to B's children. B has one child, C, alive at the time of conveyance. C has an interested subject to open, which will be shared with C's siblings).
A remainder interest is vested (subject to open) rather than contingent if one member of the class is alive at conveyance. However, such an interest should not be confused with a contingent, and therefore defeasible, interest in clauses that grant the interest to the surviving members of a class. For example, North Carolina has held that if the clause of will states that a child has to survive the life tenant in order to acquire interest in the property, then the child's interest is contingent and subject to defeasance if the condition (survival) is not met.
See also: Future Interest
[Last updated in May of 2022 by the Wex Definitions Team]