Also known as: life tenant · tenant for life · life estate holder
Written by attorneys · grounded in primary & secondary sources — see below
A holder of a present possessory estate in land whose duration is measured by the life of one or more designated persons. The estate ends automatically upon the death of the measuring life or lives and cannot pass by will or intestacy to the holder's heirs or devisees.
Luis Lopez received a life estate in a lakeside parcel subject to a recorded declaration requiring maintenance of a shared dock. When he leased the parcel for three years, the lessee assumed the dock obligation because the servitude burden attached to the life tenant's possessory interest. The dock association enforced the covenant directly against the lessee during the lease term.
Lola Langley conveyed land to her son Leonard Lowe for life with further language creating an estate in favor of Leonard's issue upon his death. Leonard's daughter Lillian Locke took the remainder interest in the land as one of the designated issue. The conveyance satisfied the requirements for creating the future estate in the life tenant's issue.
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Liam Larson held a life estate in a commercial building subject to an affirmative covenant requiring annual facade repairs. The covenant bound Liam only to the extent specified for life tenants under the applicable sections, so he performed the repairs during his tenancy but the obligation did not extend beyond his life. The remainderman assumed full responsibility after Liam's death.
Lillian Locke held a life estate in farmland while her grandchildren held remainder interests. The court authorized sale of the entire fee because the life tenant's income needs could not be met from the property in its current condition. Proceeds were placed in trust with income paid to Lillian for life and principal preserved for the remaindermen.
Leonard Lowe created a life estate in residential property for his spouse Lila Lin with remainder to their children. The IRS treated the transfer as incomplete for estate tax purposes because the life tenant retained possession and enjoyment during her lifetime. The full value of the property was included in the life tenant's gross estate upon her death.
Liam Larson executed a deed conveying a remainder interest in a painting collection to his son while retaining a life estate for himself. The son received a present vested remainder interest even though possession was postponed until the father's death. The gift was complete upon delivery of the deed because the father irrevocably transferred the future interest.
The life estate terminates automatically and possession reverts to the grantor or passes to the remainderman. The life tenant's heirs or devisees receive nothing because the estate is noninheritable.
A life tenant may convey or mortgage only the life estate itself. Any interest granted cannot extend beyond the measuring life and is subject to the remainderman's rights.
Yes. The estate is a life estate pur autre vie that passes to the original life tenant's successors and continues until the measuring life ends.
A life tenant must avoid waste by preserving the property's value and may not make alterations that impair the remainderman's interest. Failure to maintain or unauthorized structural changes can result in liability for damages or injunction.
…however, which make them distinguishable. Once the gift is made it is irrevocable and the donor is limited to the rights of a life tenant not an owner. Moreover, with the gift of a remainder title vests immediately in the donee and any possession is postponed until the donor’s death whereas under a will neither title nor…