Long live the dead hand: A case for repeal of the rule against perpetuities in Washington

The common law rule against perpetuities has had a storied career spanning several centuries and two legal systems. The rule developed to curb the con centration of wealth in the hands of a few, and to limit the control of pro perty by those no longer alive to use it. Legendary for its complexity, the rule has undergone statutory reform in many states; some states have gone so far as to repeal the rule outright. Washington has embraced two of the m ajor reforms of the rule and is considering repeal. This Comment argues tha t the rule, even with reform, no longer serves the policies for which it wa s designed. The threats posed by "dead hand control" are no longer pressing , and extant legal mechanisms are adequate to deal with the threats that re main. Reform is too mild a response to the rule's shortcomings. Washington, therefore, should repeal the rule.