Creating a Life Estate
Estates Property Law Act
19 (2) A transfer of land to a person without
words limiting the interest transferred …
passes the fee simple or the greatest estate
or interest in the land that the transferor has
The Life Estate power to transfer, unless the transfer
expressly provides that a lesser estate or a
particular interest is being transferred.
Creating a Life Estate Creating a Life Estate
“to A for life” “to A for life”
Life estate pur sa vie Life estate pur sa vie
“to A, for the life of B”
Life estate pur autre vie
(The measuring life – cestui que vie – is other than the
life of the person who holds the estate.)
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Creating a Life Estate Devising a Life Estate
“to A, for the life of B” Wills Act
2 A person may by will devise, bequeath or
What happens if A dies before B? dispose of all property, whether acquired
At common law? before or after making the will, to which at the
Under statute in British Columbia? time of the person's death he or she is
entitled either at law or in equity, including
one or more of the following:
(a) estates pur autre vie, whether there is or
is not a special occupant …
Arising by Operation of Law Reversions and Remainders
Curtsey Reversions
Dower From O, “to A for life”
The interest reverts to O when A dies.
Homestead Acts
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Reversions and Remainders Creating a Life Estate - Repugnancy
Reversions Re Walker (1925), (Ont. C.A.)
From O, “to A for life”
The interest reverts to O when A dies.
Remainders
From O, “to A for life and then to B in fee
simple”
The interest passes to someone other than the
transferor when A dies.
Creating a Life Estate - Repugnancy Creating a Life Estate - Repugnancy
Re Walker (1925), (Ont. C.A.) Re Walker (1925), (Ont. C.A.)
1. First gift prevails - fee simple
“I give and devise unto my said wife all my real and 2. First gift a life estate, second gift a fee simple
personal property saving and excepting [description 3. First gift a life estate with the power to encroach
of various items] and also should any portion of my during lifetime; gift over of any remaining
estate still remain in the hands of my said wife and property
the time of her decease undisposed of by her such
remainder shall be divided as follows …”
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Creating a Life Estate - Repugnancy Creating a Life Estate - Repugnancy
Re Taylor (1982) Christensen v. Martini Estate (1999), (Alta.
C.A.)
I Give, Devise, and Bequeath all my real and
personal estate of which I may die possessed to I give to my wife Sharie Raby of Calgary 2203 31
my wife Kathleen Augusta Edith Taylor, to have Ave. S.W. Calgary for her use. When she no longer
and use during her lifetime. needs 2203 31 Ave. S.W. Calgary that she give
said property to Sandra and Sonya Christensen of
Any Estate, of which she may be possessed at the the city of Calgary.
time of her death is to be divided equally between
my daughters …
Rights of a Life Tenant Rights of a Life Tenant - Waste
The “tragedy of the commons” and the Permissive waste
doctrine of Waste Voluntary waste
Ameliorating waste
Equitable waste
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Rights of a Life Tenant - Waste Rights of a Life Tenant - Waste
Law and Equity Act The fee simple?
11. An estate for life without impeachment for
waste does not confer … on the tenant for
life a legal right to commit equitable waste,
unless an intention to confer that right
expressly appears by the instrument
creating the estate.
Responsibilities of a Life Tenant
Powers v. Powers Estates
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