How Does a Life Estate Pur Autre Vie Work?

The legal term “pur autre vie” means “for the life of another.” When used in property law it refers to a life estate that a grantor bestows on another person. Known as a life tenant, this person can hold and use an estate during the life of a third person. Below we’ll explain how it works, but this most often occurs with a family residence.

A financial advisor can offer expert insight on estate planning or updating your current estate plan.

What Is a Life Estate?

Estates can be classified in many ways. A freehold estate grants the right to possess property for an indefinite period. A leasehold estate adheres to a specific time frame. A life estate acts as a kind of freehold estate. It guarantees the life tenant use of the property for their lifetime. You may hear it called a life estate “pur sa vie,” which means “for his own life.”

The remainderman in the life estate takes possession of the property after the life estate ends. The life estate generally ends when the life tenant dies, or when a designated person dies in a life estate pur autre vie.

The purpose of a life estate is to provide for the life tenant. A joint purpose ensures the next generation, or some other party, ends up with ownership when the life estate ends.

Let’s look at an example. David had a child from a previous relationship when he married Ramona. They had no children of their own. If David wanted to ensure that his child would eventually own the family home in which Ramona resides, he could establish a life estate and name Ramona as a life tenant. Then, he could name his child as the eventual beneficiary, after Ramona dies, otherwise called the remainderman.

What Is a Life Estate Pur Autre Vie?

You can establish a life estate that is “pur autre vie” or dependent upon the life of another. Here’s how that would work using the example above. Let’s say David wanted to ensure that his child could live in the family home. But he only wants this as long as his wife Ramona is alive. To accomplish that David, as the grantor, would set up a life estate pur autre vie. It will enable his son, as life tenant, to live in the family home until Ramona dies.

The life tenant can sell, mortgage, or lease the property in a life estate pur autre vie to another person to the extent permitted by applicable law. However, the life tenant generally can transfer or encumber only the interest they hold. Selling or mortgaging full ownership of the property generally requires the participation of the other interest holders.

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Two Issues: Reversion and Remainder

Reversion: A reversion occurs at the end of a life estate when the property or land reverts to its original owner, known as the grantor. An estate in reversion simply means at the end of the life estate, the property conveyed to someone else reverts back to the grantor.
Remainder: An estate in remainder occurs when another estate is set up at the same time as the life estate. It takes effect immediately after the termination of the life estate.

What Happens if the Life Tenant Dies First?

One important difference between a conventional life estate and a life estate pur autre vie is what happens when the life tenant dies before the person whose life determines the estate’s duration.

In a conventional life estate, the tenant’s death ends their interest in the property. With a life estate pur autre vie, the interest can continue after the tenant’s death if the measuring person is still alive. The remaining interest may pass to the tenant’s heirs or other successors, depending on applicable law and the terms of the conveyance.

Consider the arrangement involving David, his son and Ramona. Suppose David grants his son the right to occupy the family home for as long as Ramona lives. If his son dies while Ramona is still alive, the life estate does not automatically end. The son’s successor may continue to hold the property interest until Ramona dies.

If Ramona dies before the son, however, the son’s life estate ends at her death. The property then passes to the person holding the remainder interest or returns to David or his successors if he retained a reversion.

This distinction matters when creating an estate plan because the person who occupies the property may not be the person whose death determines when the property changes hands. An estate planning attorney can review the proposed deed and explain how the arrangement would operate under state law.

Bottom Line

Family situations can be complex. Sometimes such complexities are best handled by creating a life estate. But other times they are best handled by creating a life estate pur autre vie. “Pur autre vie” is a French phrase meaning “for the life of another.” Handling things with a life estate pur autre vie means someone gives another person access to or use of an estate, typically a residence, but only as long as a third person is alive.

Tips on Estate Planning

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