Legal Definitions - per autre vie

Per autre vie is a French legal term that translates to "for the life of another." It describes a type of property interest, most commonly a life estate, where the duration of the interest is measured by the lifespan of a person other than the individual who holds the interest.

Essentially, someone might have the right to use or benefit from a property, but that right will end when a specific third party dies, not when the person holding the right dies.

Here are some examples to illustrate this concept:

• Real Estate Inheritance: Imagine a will where a grandmother leaves her beach house to her grandson, Mark, "for the life of his aunt, Susan." This means Mark has the right to live in or rent out the beach house and collect any income from it. However, his ownership interest is tied to Susan's life. If Susan passes away, Mark's right to the beach house immediately terminates, even if Mark is still alive. The property would then typically pass to the next designated beneficiary in the will.

  This illustrates "per autre vie" because Mark's right to the property lasts for the duration of Susan's life, not his own.

• Trust Fund Distribution: A wealthy individual sets up a trust that provides an annual income to their former caretaker, Sarah. The trust document specifies that Sarah will receive this income "for the life of the individual's beloved pet dog, Buster." As long as Buster is alive, Sarah receives the payments. If Buster passes away, the income payments to Sarah cease, even if Sarah is still living. The trust might then distribute its assets to other beneficiaries or for other purposes.

  This demonstrates "per autre vie" because Sarah's financial benefit is contingent upon the lifespan of Buster, a third party, rather than her own life.

• Commercial Lease Agreement: A small business owner, David, leases a storefront from a landlord. The lease agreement includes an unusual clause stating that the lease will remain valid "for the life of the landlord's business partner, Emily." This means David can operate his business in the storefront as long as Emily is alive. If Emily dies, the lease automatically terminates, regardless of whether David has completed a specific term or if he wishes to continue operating there. The landlord would then be free to lease the property to someone else.

  This example shows "per autre vie" because David's right to occupy the commercial space is determined by the life of Emily, a third party, not by a fixed term or David's own lifespan.