Legal Definitions - life estate pur autre vie

A life estate pur autre vie (pronounced "poor OH-truh VEE") is a type of property ownership where a person holds the right to use and possess property, but this right is measured by the lifespan of another specific individual, not their own. The term "pur autre vie" is French for "for the life of another."

Essentially, the person who holds this estate (the "life tenant") can enjoy the property for as long as a designated third party (the "measuring life") is alive. When that third party passes away, the life tenant's interest in the property automatically ends, even if the life tenant themselves is still living. The property then typically reverts to the original grantor or passes to a designated remainder beneficiary.

Here are some examples to illustrate this concept:

• Example 1: Supporting a Caregiver

  Eleanor owns a large estate and her elderly mother, Martha, requires full-time care. To ensure Martha receives dedicated support, Eleanor grants Martha's primary caregiver, David, a life estate pur autre vie in a small cottage on the property. The measuring life for this estate is Martha.

  How it illustrates the term: David has the right to live in and use the cottage. However, his right to occupy the cottage is tied directly to Martha's life. If Martha passes away, David's interest in the cottage ends, even if David is still alive and capable of living there. The cottage would then revert to Eleanor or her estate.

• Example 2: Family Support Arrangement

  Mr. Henderson wants to provide a stable home for his daughter, Sarah, and her children, but he is concerned about Sarah's financial instability. He decides to grant Sarah a life estate pur autre vie in a house, with Sarah's older, financially stable sister, Carol, designated as the measuring life. Mr. Henderson believes Carol's presence and support are crucial for Sarah's household.

  How it illustrates the term: Sarah has the right to live in and use the house. Her ownership interest, however, is not tied to her own lifespan but to Carol's. If Carol passes away, Sarah's right to the house terminates, even if Sarah is still alive. The property would then pass to the next designated beneficiary, perhaps Sarah's children or back to Mr. Henderson's estate.

• Example 3: Trust for a Beneficiary

  A wealthy benefactor, Ms. Chen, establishes a trust to provide a comfortable living situation for her long-time assistant, Robert, who has no immediate family. Ms. Chen wants to ensure Robert has a home for as long as her beloved niece, Sophia, is alive, as Sophia is the executor of Ms. Chen's estate and a trusted individual.

  How it illustrates the term: The trust grants Robert a life estate pur autre vie in a specific condominium, with Sophia's life serving as the measuring life. Robert has the right to live in and use the condominium. This right continues for as long as Sophia is alive. If Sophia passes away, Robert's interest in the condominium ends, even if Robert is still living. The property would then pass to the next designated beneficiary of the trust, as outlined in Ms. Chen's estate plan.