Life Estate Problems
“To A for life, then to B and his heirs.”
What do A, B, and O have? Assume Common Law
A has a LE
B has a VR in FSA
O has nothing
“To A for life.”
What does each have?
A has a LE
O has Reverseion
"To A so long as the land is used as a farm, but if the premises ever cease to be used as a
farm, then to B.”
What do A and B have, and after RAP what does O have?
A has an FSD
B has a ShEI
O has Possibility of Reverter
“To A for life, then to B’s children for their lives.” B is dead at the time the grant is made and has one child, B1. A is alive at the time of the
grant.
What do A, B1, and O have and is it valid?
A has a LE
B1 has a VR in LE
O Reversion
Not valid
What is the Doctrine of Destructibility?
Any CR that is not vested before or at the termination of the preceding estate is destroyed
“To A for life, then to B and his heirs.”
Assume B dies, then A, who owns Blackacre?
Assume Common Law
B's estate/Heirs
“To A for 20 years.”
A has a TY and O has a Reversion
“To A so long as A uses the land for a farm, but if A ever ceases to use the land as a farm
while A is alive, then to B.”
What do A and B have?
A has an FSEL
B has a ShEI
“To A for 50 years, then to B and her heirs if B is then living.” B is alive at the time the
grant is made.
What do A and B have and is it valid?
A has TY
B has a CR in FSA
Valid
O conveys Big Red Acre “to A for life, then to A’s children for their lives, to B if A dies without any surviving children.” Assume
that A and B are alive at the time the grant is made, and A has one child, A1.
What do A, A1, B, and O have and is it Valid?
A has a LE
A1 has a VRSO in LE
B has a CR in FSA
O has Rev
Valid
“To A for life, then to B.”
What do they each have?
Assume Modern Law
A has LE
B has a VR in FSA
O has nothing
“To A for 10 years, then to B for life.”
What do A, B and O have?
A: LE
B: VRSTD in LE
O: Reverson
“$50,000 to the first child of A who graduates from law school.” Assume at the time the
grant becomes effective, A is alive and has one daughter, Pam, who is a third-year law
student at the State University College of Law.
What does A have?
A has nothing, A is the validating life
“To A for 50 years, then to B’s oldest child who is then living in fee simple absolute.” B is
alive at the time the grant is made, but B has no children.
What does B's oldest have and is it valid?
B's oldest has a CR in FSA
Not valid
O’s will devises Big Red Acre “to A for life, and on A’s death to A’s children for their lives,
and upon the death of the last to die of A and A’s children, to O’s grandchildren.” Assume A is
alive at the time the grant is made and has one child, A1. At O’s death, O had one child, O1, and
one grandchild, GO1.
What do A, A's children, GO1, and O have and is it valid?
A has a LE
A's Children have CR in LE
GO1 has a VRSO in FSA
O has nothing
Assume B dies intestate, then A dies testate leaving all of A’s property to A’s spouse. Who
owns Black Acre?
B's estate owns Black Acre
“To A for life, then to the children of B.”
--Assume A and B are alive at the time the grant becomes effective. B has no children.
What do A and B's children have?
A has a LE
B's children CR in FSA
To my son Ben for life, then to the Red Cross, but if the Red Cross ever fails to respond
in a timely manner to a tornado in my home State of Kansas, the property shall go to my
Uncle Joseph.
What does Ben, the Red Cross and Joseph have?
Ben has a LE
Red Cross has a vRSTD
Joseph has an ShEi
“To A for life, then to B’s children for their lives, then to the first child of C who has
graduated from college.” A, B and C are alive at the time the grant is made. B has one child, B1,
and C has one child, C1, who is two years old at the time of the grant.
What do A, B1, and C1 have and is it valid?
A has LE
B1 has a VRSO in LE
C1 has a CR in FSA
Not valid
O conveys Big Red Acre “to A for life, then to A’s widow, if any, for life, then to A’s children
who survive A’s widow.” Assume that A is alive and married to W1 at the time the grant is made,
and that A has one child, A1.
What do A, W1, and A1 have and is it valid?
A has a LE
W1 has a CR in LE
A1 has a CR in FSA
Not valid
Assume A sells A’s interest in Big Red Acre to X. What interest in Big Red Acre does X have
while A is alive? Who owns Big Red Acre upon A’s death?
X has a LE in pur autre vie
B owns Big Red Acre
“To A for life, then to the heirs of B.”
--Assume A and B are alive at the time the grant becomes effective
What do A and B's heirs have?
A has a life estate
B has a CR in FSA
How do you determine what remainder it is?
-Natural and immediate termination point
-Same document at same time
-Born, Alive and Ascertainable
-Preconditions
- How will it divest if it does
“To A and the heirs of A’s body, then to the oldest descendant of B who is then living.” A and
B are alive at the time the grant is made, and each one has a child, A1 and B1.
Assume Common Law Rules
What do A and B1 have and is it valid?
A has a FT
B1 has a CR
Not valid
O conveys Big Red Acre “to A for life, then to A’s children who reach age 30.” Assume that A
is alive and has one child, A1, who is age 35 at the time the grant is made
What do A and A1 have and is it valid?
A has a LE
A1 has a CR in FSA or VRSO in FSA
Not valid