Also known as: life estate · estates for life · life tenancy
Written by attorneys · grounded in primary & secondary sources — see below
An estate whose duration is measured by the life or lives of one or more designated persons. The interest terminates automatically upon the death of the measuring life or lives and carries no right of inheritance unless words of inheritance are added.
After her husband dies, Emma Erickson receives a constitutional homestead right in the family home that forms part of his estate. The probate court values that life interest and charges it against her statutory homestead allowance under the applicable code section. The remaining allowance is then paid from other estate assets.
Ethan Evans conveys a valuable painting to his son by deed but expressly reserves the right to possess and enjoy the painting for the remainder of his own life. Upon Ethan’s death the son claims immediate ownership. The court recognizes that the father held an estate for life and that full title vested in the son only upon the measuring life’s end.
Select any source to read its text and confirm it supports the definition.
Evelyn Ellison holds an estate for life in a deteriorating mansion under her late husband’s will. She petitions the court to sell the property because its income no longer covers taxes and repairs. The court weighs whether the life estate’s limited duration and the remaindermen’s interests justify denying or conditioning the sale.
Eugene Ellsworth orally promises a neighbor lifetime use of a cottage in exchange for care during his final years. After Eugene dies the neighbor claims an estate for life. The court holds that the statute of frauds bars enforcement of the oral grant of a life estate in land.
Elise Everly and her brother hold property as joint tenants. Elise conveys her interest to a third party for the duration of her life only. The court must decide whether that conveyance creates an estate for life that severs the joint tenancy or whether the interest remains subject to the original survivorship right.
Emmett Egan deeds land to his daughter for life with a purported remainder to her heirs. The court examines whether the language creates a valid estate for life followed by a remainder or whether the attempted remainder after a life estate violates the rule against remainders on estates for the life of another.
An estate for life ends automatically upon the death of the measuring life or lives. A fee simple estate continues indefinitely and passes to heirs or devisees.
A life tenant may convey or encumber only the estate for life. Any such transfer ends when the measuring life expires and does not bind the remaindermen.
The remaindermen may obtain an injunction or damages when the life tenant’s acts or omissions substantially impair the property’s value or violate a duty to preserve it for the future interest holders.
No. The absence of words of inheritance confirms that the estate ends with the measuring life and does not pass automatically to heirs.
…that he has never had possession of the painting but asserts that his father made a valid gift of the title in 1963 reserving a life estate for himself. His father retained possession of the painting until he died in 1980. Defendant, plaintiff’s stepmother, has the painting now and has refused plaintiff’s requests that she turn…