Simple English definitions for legal terms
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WORDS OF LIMITATION: Words used in a legal document that describe how much or what kind of property someone gets. For example, if a document says "to A and her heirs," it means A gets everything and her heirs get nothing. These words are important because they show exactly what someone is getting.
Definition: Words of limitation are language used in a legal document, such as a deed or will, that describe the extent or quality of an estate. These words often use nonliteral language to limit the rights of the person receiving the estate.
Example: If a deed says "to A and her heirs," this creates a fee simple estate for A, but it does not give anything to A's heirs. The words "and her heirs" are words of limitation because they limit the estate to be taken by A only.
Explanation: The example shows how words of limitation can be used to limit the rights of the person receiving the estate. In this case, A has a fee simple estate, but her heirs do not have any rights to the property. This is important because it ensures that the property stays within the intended family or person.
Additional Example: Another example of words of limitation is "for the duration of A's lifetime." This language limits the estate to A's lifetime only, and once A dies, the property goes to someone else.
Explanation: This example shows how words of limitation can be used to limit the duration of an estate. In this case, the estate only lasts for A's lifetime, and once A dies, the property goes to someone else. This is important because it ensures that the property does not stay with one person or family forever.