life estate

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Related to Life tenancy: life tenant, life estate

Life Estate

An estate whose duration is limited to the life of the party holding it, or some other person.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

life estate

n. the right to use or occupy real property for one's life. Often this is given to a person (such as a family member) by deed or as a gift under a will with the idea that a younger person would then take the property upon the death of the one who receives the life estate. Title may also return to the person giving or deeding the property or to his/her surviving children or descendants upon the death of the life tenant--this is called "reversion." Example of creation of a life estate: "I grant to mother, Molly McCree, the right to live in and/or receive rents from said real property, until her death," or "I give my daughter, Sadie Hawkins, said real property, subject to a life estate to my mother, Molly McCree." This means a woman's mother, Molly, gets to live in the house until she dies, then the woman's daughter, Sadie, will own the property.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

life estate

an estate of freehold that exists for the duration of the life of the grantee. If the grantee should assign his interest, that taken by the assignee is referred to as an estate pur autre vie (i.e. ‘an estate for the life of someone else’, namely the original grantee). Since 1925 a life estate can exist only as an equitable interest behind a trust.


Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
196, a spousal lifetime income interest did not fail to qualify for the TPT credit by virtue of terminating on remarriage; instead, the contingency was required to discount the value of the life tenancy.
Cavenaugh's interest beyond a life tenancy, and that the property was includible in his estate pursuant to Sec.
For example, consider an impermissible split-interest trust with a single noncharitable life tenancy interest actuarially valued at $100,000 and a charitable remainder interest actuarially valued at $900,000.
The Supreme Court analogized the disclaimer to a general power, because of the taxpayer's ability to wait out the life tenancy and receive a remainder interest.
"To this end, it is vigorously pursuing opportunities in two potential growth areas ( the life tenancy market and tenanted residential in Europe."
But Maj Hern, aged 77, who yesterday received a CBE from the Queen at Buckingham Palace, has been given a life tenancy at his house on the West Ilsley estate.
Dickinson Dees acted for Grainger Trust Plc on its purchase from NPI Limited of a portfolio of life tenancy interests.