Paralegal Certification PrepTorts and Property LawMedium
A client approaches a paralegal seeking to understand the implications of a specific clause in their deceased aunt's will. The will states, 'I devise my beachfront cottage to my sister, for her lifetime, then to my niece.' The client is the niece. What type of estate does the sister possess under this will?
- ALife estate
- BFee simple absolute
- CFee simple determinable
- DEstate for years
Show answer & explanationAnswer & explanation
Correct answer: A. Life estate
A life estate grants ownership of property for the duration of a specified person's life (in this case, the sister's lifetime). Upon the death of that person, the property passes to another designated party (the niece, who has a remainder interest).
Why the other options are wrong
- B. Fee simple absolute is the highest form of ownership, with no conditions or limitations on duration.
- C. Fee simple determinable is an estate that automatically terminates upon the occurrence of a stated event.
- D. An estate for years is a leasehold estate for a fixed period of time, not tied to a life.
Life Estate
An interest in real property that is held for the duration of the life of a designated person. Upon that person's death, the property reverts to the original grantor or passes to a designated third party.
- Duration is tied to a life (pur autre vie or the grantee's life).
- Holder has rights of possession and use.
- Cannot commit waste that diminishes the property's value for future interest holders.
Memory trick: Life's Fee Simple Lease.