Life Estate Followed By Remainder
Grantor conveyed Blackacre to A for life, remainder to B. Upon A's death the life estate ended by its own terms. B's remainder immediately became possessory without any further conveyance.
Also known as: remainders · remainderer · remainderman · remaindermen · remainderperson · remainor · remaindered · future interest · reversion
Written by attorneys · grounded in primary & secondary sources — see below
A future interest created in a transferee that becomes possessory upon the natural termination of a preceding estate created by the same instrument. The interest must follow a life estate, term of years, or fee tail and cannot divest or cut short the prior estate.
Grantor conveyed Blackacre to A for life, remainder to B. Upon A's death the life estate ended by its own terms. B's remainder immediately became possessory without any further conveyance.
Owner granted Greenacre to Lessee for a term of ten years, remainder to Charity. At the end of the ten-year term the lease expired naturally. Charity took possession under the remainder interest.
Settlor devised Whiteacre to Heir in fee tail, remainder to Cousin. Heir died without issue. Cousin's remainder became possessory exactly as the instrument provided.
Select any source to read its text and confirm it supports the definition.
Testator left Redacre to Spouse for life, remainder to Child. Child survived Testator. Child held a vested remainder subject only to Spouse's life estate.
Grantor conveyed Blueacre to Son for life, remainder to Son's children then living. Until Son had children the remainder remained contingent. When a child was born the remainder vested subject to open.
Landowner granted Yellowacre to Caretaker for the life of Elderly Relative, remainder to Neighbor. When Elderly Relative died the measuring life ended. Neighbor's remainder immediately became possessory.
A remainder is created in a third party by the same instrument that creates the prior estate and becomes possessory only on the prior estate's natural expiration. A reversion arises by operation of law in the grantor when the grantor has not disposed of the entire interest.
Yes. Unlike a reversion, a remainder arises only when the instrument expressly grants the future interest following a finite estate to a beneficiary. It is never implied by law.
Under the Uniform Trust Code, a court may modify a remainder interest when circumstances not anticipated by the settlor make modification necessary to further the trust's purposes, such as converting an outright remainder into a special needs trust.
A remainder must vest, if at all, within the perpetuities period measured from the time of creation. Contingent remainders that might vest too remotely are void.
…Law has deprived them of any gainful use of their “air rights” above the Terminal and that, irrespective of the value of the remainder of their parcel, the city has “taken” their right to this superjacent airspace, thus entitling them to “just compensation” measured by the fair market value of these air rights. Apart from…