Law · Legal Information · Justice
 

Life estate

A right to use and to enjoy land and/or structures on land only for the life of the life tenant.

A right to use and to enjoy land and/or structures on land only for the life of the life tenant.

The estate reverts back to the settlor or his estate (or to some other designated person), at the death of the person to whom it is given.

A property right to last only for the life of the life tenant is called the estate "pur sa vie."

If it is for the duration of the life of a third party, it is called an estate "pur autre vie".

The rights of the life tenant are restricted to conduct which does not permanently change the land or structures upon it.

It is a point of debate whether a life estate requires that the holder reside on the real property or whether rents may be received by him or her or whether that conduct severs the life estate.

The common law appears to favour full rights to the holder; that he or she is entitled to rent or profit from the subject real property. However, rare is the entitlement document that merely grants a "life estate". Usually more words or some context is available that may lend itself to a more restrictive interpretation.

One example is British Columbia's Estate Administration Act which requires that the estate administrators "hold the spousal home in trust for an estate for the life of the surviving spouse, or so long as the surviving spouse wishes to retain the estate for life". There is one BC case which states that the widow must reside on the property; another BC case that blankets the statutory concept with some "common law love" and concludes that the widow can rent it without losing it.

Latest LagMag headlines:

Pro Bono Hypocrisy

Envelope please! (Drum roll.) The award for pro bono works goes to ... John Doe, Esquire and Q.C. ..... because he has the highest rates to his paying clients and he can afford to charade as a poverty avenger!

End of the World Law

As we all march to our lemming-like demise upon the cliff of environmental disaster, a path of law back to safety may yet be found.

Polygamy Now Safely Brewed In British Columbia?

The Provincial government's top law enforcement officer toys with not prosecuting polygamists and bigamists, anticipating a Charter ass-kicking in Court. If so, law is orphaned and we all suffer.


Read earlier headlines »
Subscribe to stay in touch »


Switch to variable width

Switch to fixed width

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top