In common law and statutory law , a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death, when the property rights may revert to the original owner or to another person. The owner of a life estate is called a "life tenant". The person who will take over the rights upon death is said to have a "remainder" interest and is known as a "remainderman".
73-413: The ownership of a life estate is of limited duration because it ends at the death of a person. Its owner is the life tenant (typically also the 'measuring life') and it carries with it right to enjoy certain benefits of ownership of the property, chiefly income derived from rent or other uses of the property and the right of occupation, during his or her possession. Because a life estate ceases to exist at
146-554: A Greco-Roman model to a Judeo-Christian pattern, based on Biblical and traditional Judeo-Christian principles. The transformation was essentially complete in the Middle Ages, although in English-speaking countries there was additional development under the influence of Protestantism . Even when Europe became secularized and Christianity faded into the background, the legal foundation Christendom had laid remained. Only in
219-430: A claim to title from a bona fide purchaser for value without notice, as such a person has reasonably researched the ownership position based upon the legal title (common law) position. The owner of a legal interest can create from a life estate further embedded or legal interests consistent with the form of ownership. Accordingly, due to their potential versatility and complexity in the U.S., common law seldom recognizes
292-425: A court declaration that the property is their own if that property is in the hands of an innocent purchaser for value without notice ( bona fide purchaser ). Financial and physical responsibility falls to the life tenant under the legal doctrine of waste , which prohibits life tenants from damaging or devaluing the asset. In short, as the life tenant's ownership is temporary, failing to maintain or reasonably protect
365-520: A daughter inherits land, she must marry someone within her father's tribe. (The daughters of Zelophehad marry the sons' of their father's brothers. There is no indication that this was not their choice.) The laws of Jewish inheritance are discussed in the Talmud , in the Mishneh Torah and by Saadiah ben Joseph among other sources. All these sources agree that the firstborn son is entitled to
438-466: A debt or " thing in action " to a third party. Sections 167-170 have been repealed by Statute Law (Repeals) Act 1969 (c. 52) . Section 170 has been repealed by Mental Health Act 1959 (c. 72) Sch. 8 Pt. I . These sections govern fraud; s.172 was repealed (subject to non-application to then-pending bankruptcies) by the Insolvency Act 1985 . Changes have taken place since the commencement of
511-442: A double portion of his father's estate. This means that, for example, if a father left five sons, the firstborn receives a third of the estate and each of the other four receives a sixth. If he left nine sons, the firstborn receives a fifth and each of the other eight receive a tenth. If the eldest surviving son is not the firstborn son, he is not entitled to the double portion. Philo of Alexandria and Josephus also comment on
584-399: A home and desires that Bill inherit it after Al's death. Al can effectuate that desire by transferring title to the home to Bill and retaining a life estate in the home. Al keeps a life estate and Bill receives a vested fee simple remainder. As soon as Al dies, the life estate interest merges with Bill's remainder, and Bill has a fee simple title. An advantage of such a transfer is that it makes
657-495: A home than those who do not regardless of the size of the inheritance. Often, racial or religious minorities and individuals from socially disadvantaged backgrounds receive less inheritance and wealth. As a result, mixed races might be excluded in inheritance privilege and are more likely to rent homes or live in poorer neighborhoods, as well as achieve lower educational attainment compared with whites in America. Individuals with
730-581: A job, and purchasing a home. The third form of inheritance is the transfers of bulk estates at the time of death of the testators, thus resulting in significant economic advantage accruing to children during their adult years. The origin of the stability of inequalities is material (personal possessions one is able to obtain) and is also cultural, rooted either in varying child-rearing practices that are geared to socialization according to social class and economic position. Child-rearing practices among those who inherit wealth may center around favoring some groups at
803-485: A life estate in personal property (tangible items and livestock other than land including buildings) but such interests are recognized at equity where of adequate form — statutes and regulations impose formalities on the creation of lifetime interests in personalty. Since 1925 registered titles in England and Wales preferably should, but mostly do not, reveal an 'interest for life', 'life estate' or 'life tenancy' in
SECTION 10
#1732771790105876-469: A life tenancy investment. This type of investment is being offered as an alternative to traditional buy to let and is becoming increasingly popular in the United Kingdom with over £30 million worth of Life Tenancies being delivered in 2018. Heir Inheritance is the practice of receiving private property , titles , debts , entitlements, privileges , rights , and obligations upon
949-531: A life tenant has, like in UK and US , the right to possession and enjoyment of the property , but once the tenant dies the property will return to the remainderman . The main difference is that, the life estate will be registered by the Registrar general of that jurisdiction, and will appear on the registered title . This has the effect of making them one of the 9 types of recognised interest in land, and one of
1022-825: A person cannot be legally disinherited (such as the United States state of Louisiana , which allows disinheritance only under specifically enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will (an example is that of the will of comedian Jerry Lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife). Inheritance has been compared to nepotism . Detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. Some cultures also employ matrilineal succession, where property can only pass along
1095-437: A person who does not hold the estate, known as the cestui que vie (Law French, "the person who lives"). This form of life estate arises where a life tenant has disposed of the property, assuming such a disposal does not trigger any special forfeiture under the life interest instrument. It also arises where the grantor chooses to make the measuring life that of someone other than the life tenant's life. A life estate pur autre vie
1168-590: A portion of any inheritance or estate becomes government revenue . Law of Property Act 1925 The Law of Property Act 1925 ( 15 & 16 Geo. 5 . c. 20) is a statute of the United Kingdom Parliament . It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property . The Act deals principally with
1241-464: A result, this inequality is believed to become part of the overall social structure. Women's unequal inheritance rights refer to the disparities and discriminatory practices that women face in inheriting property and assets compared to men. These inequalities stem from a combination of legal, cultural, and religious practices that often prioritize male heirs over female ones, resulting in significant socio-economic consequences for women. Dynastic wealth
1314-406: A specific jurisdiction or purpose. An example is a table of life tenancy factors that is used to determine the proportion of a property attributable to a particular life tenant for any stamp duty payable upon its transfer. More complicated examples can involve impaired or joint lives and specialist advice is usually required such as that provided by an actuary . Life estates are measured either by
1387-482: A substantial amount of wealth and inheritance often intermarry with others of the same social class to protect their wealth and ensure the continuous transmission of inheritance across generations; thus perpetuating a cycle of privilege. Nations with the highest income and wealth inequalities often have the highest rates of homicide and disease (such as obesity, diabetes, and hypertension) which results in high mortality rates. A New York Times article reveals that
1460-485: A wrong to be without remedy,' where there is such, will be limited to in personam remedies against the settlor or life tenant where it confirms life estates, upon trust, to have been validly created: Life tenants are never recorded as proprietors at the Land Registry as they are temporary, equitable owners and are not entitled to have the a transfer of the land effected. If the proprietor has died, executors of
1533-496: Is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny . In modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate . Takers in property succeeded to under a will are termed generally beneficiaries , and specifically devises for real property , bequests for personal property (except money), or legatees for money. Except in some jurisdictions where
SECTION 20
#17327717901051606-411: Is a small market for reversions in real estate, which necessitates a buyer to carry out enhanced documentary due diligence and physical checks. A land owner of an estate cannot give a "greater interest" in the estate than he or she owns. That is, a life estate owner cannot give complete and indefinite ownership ( fee simple ) to another person because the life tenant's ownership in the property ends when
1679-433: Is considered an integral part of Sharia law and its application for Muslims is mandatory, though many peoples (see Historical inheritance systems ), despite being Muslim, have other inheritance customs. The distribution of the inherited wealth has varied greatly among different cultures and legal traditions. In nations using civil law , for example, the right of children to inherit wealth from parents in pre-defined ratios
1752-729: Is enshrined in law, as far back as the Code of Hammurabi (ca. 1750 BC). In the US State of Louisiana, the only US state where the legal system is derived from the Napoleonic Code , this system is known as " forced heirship " which prohibits disinheritance of adult children except for a few narrowly-defined reasons that a parent is obligated to prove. Other legal traditions, particularly in nations using common law , allow inheritances to be divided however one wishes, or to disinherit any child for any reason. In cases of unequal inheritance,
1825-591: Is fixed at one lifetime, or 80 years whichever is longer. Selling property while keeping a life estate is commonly known in France as " viager " where it is used more often than elsewhere, most famously in the case of Jeanne Calment , the longest lived human ever recorded. In the combined jurisdiction of England and Wales since 1925 a freehold estate intended to be 'held' as a life interest takes effect only as an interest enjoyed in equity, specifically as an interest in possession trust . The other type of land ownership
1898-561: Is founded on the Marxist Labor Theory of Value , any money collected in the course of a lifetime is justified if it was based on the fruits of the person's own labor and not from exploiting others. The first communist government installed after the Russian Revolution resolved therefore to abolish the right of inheritance, with some exceptions. Many states have inheritance taxes or estate taxes , under which
1971-468: Is irrevocable without the remainderman's consent. "Beneficiary deeds" have been statutorily created in some states to address this issue. The intestacy laws of certain American states, limit the surviving spouse's rights (inheritance) to the deceased spouse's real estate to a life estate. Louisiana , applying civil law , has a similar default provision in intestate successions called a usufruct , which
2044-404: Is leasehold and although most long leases are for a period of between 99 and 999 years 'leases for life' will be interpreted in often unpredictable ways as either as a licence or a lease. In the United States, a life estate is typically used as a tool of an estate planning. A life estate can avoid probate and ensure that an intended heir will receive title to real property. For example, Al owns
2117-527: Is monetary inheritance that is passed on to generations that did not earn it. Dynastic wealth is linked to the term Plutocracy . Much has been written about the rise and influence of dynastic wealth including the bestselling book Capital in the Twenty-First Century by the French economist Thomas Piketty . Bill Gates uses the term in his article "Why Inequality Matters". As Communism
2190-450: Is most commonly created in one of two circumstances. A clear distinction should be made with an estate for (a) term of years , interpreted as lease or licence. At death, assuming no mis-dealings to certain innocent purchasers, the property involved in a life estate falls into the ownership of the remainderman ( pl. remaindermen ) or reverts to its grantor (all of which confusingly can be called 'reversions' and 'reversioners'). There
2263-427: Is often persistent across generations and families with higher amounts of inheritance are able to acquire and transmit higher amounts of human capital . Lower amounts of human capital and inheritance can perpetuate inequality in the housing market and higher education. Research reveals that inheritance plays an important role in the accumulation of housing wealth. Those who receive an inheritance are more likely to own
Life estate - Misplaced Pages Continue
2336-407: Is only over community property and ends with the earlier of death or remarriage. Some American states allow for an enhanced life estate deed, in which the grantor retains the ability to transfer to property to a third party without the consent of the remainderman. If the enhanced life estate holder still owns the property at the time he or she dies, and the remaindermen survive the life estate holder,
2409-468: Is set out: a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. Later, in Numbers 36, some of the heads of the families of the tribe of Manasseh come to Moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth-tribe's inheritance into her marriage-tribe's. So a further rule is laid down: if
2482-436: The lacunae , ambiguities and shortcomings in the law of property. Innovations included the default creation of easements under section 62 to reduce unintended denial of access, and statutory enlargement under section 153 (applications to convert very long leasehold to freehold, where no rent has been paid or demanded for a long period of time). The Act followed a series of land law and policy reforms that had been begun by
2555-457: The Jewish laws of inheritance, praising them above other law codes of their time. They also agreed that the firstborn son must receive a double portion of his father's estate. At first, Christianity did not have its own inheritance traditions distinct from Judaism. With the accession of Emperor Constantine in 306, Christians both began to distance themselves from Judaism and to have influence on
2628-453: The Law of Moses , the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( Deuteronomy 21:15–17 ). If there were no living sons and no descendants of any previously living sons, daughters inherit. In Numbers 27, the five daughters of Zelophehad come to Moses and ask for their father's inheritance, as they have no brothers. The order of inheritance
2701-477: The Liberal government starting in 1906. This is how one American legal scholar, Morris Raphael Cohen , described it: That which was hidden from Maitland , Joshua Williams , and the other great ones, was revealed to a Welsh solicitor who in the budget of 1910 proposed to tax the land so as to force it on the market. The radically revolutionary character of this proposal was at once recognized in England. It
2774-412: The death of an individual . The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will , as attested by a notary or by other lawful means. In law, an "heir" ( FEM: heiress) is a person who is entitled to receive a share of property from a decedent (a person who died), subject to
2847-448: The 1920s. The surviving spouse (and rarely, others) benefit from survivorship of any joint property. The arrangement in the first paragraph would in the UK be interpreted as an interest in possession trust and is usually avoided as for inheritance tax is considered 'reservation of benefit' requiring fully backdated sums of annual income tax on whatever market rent ought to have been paid to
2920-496: The 1925 Act should be considered in conjunction with schedules 1 and 3 when considering interests that override, most notably that to be in receipts of rents and profits is no longer an overriding interest. Sections 78 and 79 concern covenants relating to land: section 78 relates to their benefit, and section 79 relates to the burdens or obligations which a covenant imposes on the covenantor, their successors in title and persons subsequently deriving title under them. Section 84 of
2993-641: The Act sets out the powers of an appointed authority to alter or remove restrictive covenants on property deeds. This power was later transferred to the Lands Tribunal by the Law of Property Act 1969 , and subsequently to the Upper Tribunal by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009. Section 136 provides for written notice of an assignment of
Life estate - Misplaced Pages Continue
3066-633: The U.S. is the world's wealthiest nation, but "ranks twenty-ninth in life expectancy, right behind Jordan and Bosnia" and "has the second highest mortality rate of the comparable OECD countries". This has been regarded as highly attributed to the significant gap of inheritance inequality in the country, although there are clearly other factors such as the affordability of healthcare . When social and economic inequalities centered on inheritance are perpetuated by major social institutions such as family, education, religion, etc., these differing life opportunities are argued to be transmitted from each generation. As
3139-546: The above changes, the Quran imposed restrictions on testamentary powers of a Muslim in disposing his or her property. Three verses of the Quran, 4:11, 4:12 and 4:176, give specific details of inheritance and shares, in addition to few other verses dealing with testamentary. But this information was used as a starting point by Muslim jurists who expounded the laws of inheritance even further using Hadith , as well as methods of juristic reasoning like Qiyas . Nowadays, inheritance
3212-423: The asset resulting in its diminution in value, or indeed, destruction constitutes a cause of action for the reversioner. A further limitation is the rule against perpetuities in many states and countries which prohibits long-running pre-19th-century style successions of life tenancies and may result in the premature and compensation-entitling termination of such successive life interests. In England and Wales this
3285-403: The death of the measuring person's life, the life tenant, a temporary owner, may short-term let but cannot sell, give or bequeath the property indefinitely (including assuming it could pass to heirs ( intestate )) or creating a purported document leaving it to devisees ( testate ). A life estate pur autre vie ( Law French , "for the life of another") is held for the rest of the lifetime of
3358-602: The era of modern jurisprudence have there been significant changes. The Quran introduced a number of different rights and restrictions on matters of inheritance, including general improvements to the treatment of women and family life compared to the pre-Islamic societies that existed in the Arabian Peninsula at the time. Furthermore, the Quran introduced additional heirs that were not entitled to inheritance in pre-Islamic times, mentioning nine relatives specifically of which six were female and three were male. However,
3431-578: The expense of others at the bottom of the social hierarchy . It is further argued that the degree to which economic status and inheritance is transmitted across generations determines one's life chances in society. Although many have linked one's social origins and educational attainment to life chances and opportunities, education cannot serve as the most influential predictor of economic mobility . In fact, children of well-off parents generally receive better schooling and benefit from material, cultural, and genetic inheritances. Likewise, schooling attainment
3504-532: The female line, most commonly going to the sister's sons of the decedent; but also, in some societies, from the mother to her daughters. Some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and/or birth order. The inheritance is patrimonial. The father —that is, the owner of the land— bequeaths only to his male descendants, so the Promised Land passes from one Jewish father to his sons. According to
3577-506: The form of a restriction on the register. Instead the registered legal owner may hold various degrees of leasehold or freehold interest, but usually absolute interest. This provides a reliable 'mirror of title' which can only be subjected to a very few overriding interests . A maxim of equity is 'Where equities are equal, the law will prevail'. Equity defers to the position at law of a bona fide purchaser for value without notice (including any tenant or mortgagee), and as 'equity will not suffer
3650-464: The four that confirm possession. The registration process in Torrens title systems usually confers indefeasibility on the life estate. A holder of a life estate can alienate his rights, but they will still expire on his death, regardless of whom he alienates it to. At that point, that buyer will have to forfeit the land. It is becoming increasingly popular for private investors to place funds into
3723-540: The inheritance rights of women remained inferior to those of men because in Islam someone always has a responsibility of looking after a woman's expenses. According to Quran 4:11 , for example, a son is entitled to twice as much inheritance as a daughter. The Quran also presented efforts to fix the laws of inheritance, and thus forming a complete legal system. This development was in contrast to pre-Islamic societies where rules of inheritance varied considerably. In addition to
SECTION 50
#17327717901053796-407: The inter generational transmission of income or wealth which is said to have a direct impact on one's mobility (or immobility) and class position in society. Nations differ on the political structure and policy options that govern the transfer of wealth. According to the American federal government statistics compiled by Mark Zandi in 1985, the average US inheritance was $ 39,000. In subsequent years,
3869-568: The intestate laws then apply. The exclusion from inheritance of a person who was an heir in a previous will, or would otherwise be expected to inherit, is termed "disinheritance". A person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. Members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim; otherwise, they are heirs presumptive . There
3942-682: The law and practices of secular institutions. From the beginning, this included inheritance. The Roman practice of adoption was a specific target, because it was perceived to be in conflict with the Judeo-Christian doctrine of primogeniture . As Stephanie Coontz documents in Marriage, a History (Penguin, 2006), not only succession but the whole constellation of rights and practices that included marriage, adoption, legitimacy, consanguinity, and inheritance changed in Western Europe from
4015-452: The legal owner, in England and Wales for continued enjoyment of the asset. A valuation is typically derived from the present value of the net benefit derived by the life (or lives) over the residual term of the interest. Where these valuations are based on a single life, reference can be made to tables such as life tenant factors by gender and age. These factors are prepared taking into account life expectancies and prevailing interest rates for
4088-456: The life of the grantor, such as "A conveys X to B until A dies" and in the UK by trust transferring upon trust or assigning rather than conveying X. If a life tenant purports to transfer the underlying 'reversionary' interest, which a life tenant never has, this constitutes an actionable breach of trust for damages and may constitute criminal fraud however may not entitle the ultimate reversioner (or substituted beneficiaries) to be able to obtain
4161-410: The life of the property recipient ( pur sa vie ), or by the life of some other person ( pur autre vie ). Life estates in real estate are still created today. The life estate is more commonly used in trust instruments, typically in an attempt to minimize the effect of the inheritance tax or other taxes on transfers of wealth. A prospective reduction in tax for the creator ('settlor') often follows if
4234-406: The majority might receive a small amount while the minority inherits a larger amount. The amount of inheritance is often far less than the value of a business initially given to the son, especially when a son takes over a thriving multimillion-dollar business, yet the daughter is given the balance of the actual inheritance amounting to far less than the value of the business that was initially given to
4307-774: The midst of benefiting from the greatest inheritance of wealth in history". Inherited wealth may help explain why many Americans who have become rich may have had a "substantial head start". In September 2012, according to the Institute for Policy Studies , "over 60 percent" of the Forbes richest 400 Americans "grew up in substantial privilege", and often (but not always) received substantial inheritances. Other research has shown that many inheritances, large or small, are rapidly squandered. Similarly, analysis shows that over two-thirds of high-wealth families lose their wealth within two generations, and almost 80% of high-wealth parents "feel
4380-505: The next generation is not financially responsible enough to handle inheritance". It has been argued that inheritance plays a significant effect on social stratification . Inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification . It also affects the distribution of wealth at the societal level. The total cumulative effect of inheritance on stratification outcomes takes three forms, according to scholars who have examined
4453-426: The overall amount of total annual inheritance more than doubled, reaching nearly $ 200 billion. By 2050, there will be an estimated $ 25 trillion inheritance transmitted across generations. Some researchers have attributed this rise to the baby boomer generation. Historically, the baby boomers were the largest influx of children conceived after WW2. For this reason, Thomas Shapiro suggests that this generation "is in
SECTION 60
#17327717901054526-411: The person who is the measuring life dies. For instance, if Ashley conveyed to Bob for the life of Bob, and Bob conveys a life estate to another person, Charlie, for Charlie's life [an embedded life estate], then Charlie's life estate interest would last only until Charlie or Bob dies. Charlie's life interest or pur autre vie interest (interest for the life of another, whichever has applied) and most often
4599-488: The power of the House of Lords. Section 1 sets out the basic structure of the newly reformed legal estates—"an estate in fee simple absolute in possession" (commonly referred to as freehold), and "a term of years absolute" (leasehold). Old estates in land— fee tail and life interests —are converted by s.1 so as to "take effect as equitable interests". Section 3 sets out how these equitable interests have effect. Section 70 of
4672-430: The property automatically passes to the remaindermen outside of probate. Enhanced life estate deeds are also sometimes referred to as Lady Bird Deeds. The intestacy laws of England and Wales from 1 October 2014 provide for £250,000 (or the whole non-joint estate if less) and 50% of any excess to the spouse, remainder to adult children. This abolished the remaining 50% being enjoyed as a life interest which had applied from
4745-400: The remaining rights of ownership in the property (the 'reversionary interest') devolve to the persons under the terms of the will/rules of intestacy/declaration of trust/trust deed (UK) or will/rules of intestacy/'grant or deed of life interest' (or similar) (U.S.) in remainder or revert to the original grantee, depending on terms of Ashley. Such a life estate in the U.S. can also be conveyed for
4818-491: The rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only in specific circumstances) and
4891-423: The settlor has parted with all current and future interest . However many tax codes transfer the burden of estate taxes to the holder of the interest in possession (life tenant) and may treat that person or the remaindermen as owning a second/surplus property. Formally, where a system is derived from English law, the law divides into common law and equitable law. A claim under equitable law cannot usually defeat
4964-443: The son. This is especially seen in old world cultures, but continues in many families to this day. Arguments for eliminating forced heirship include the right to property and the merit of individual allocation of capital over government wealth confiscation and redistribution, but this does not resolve what some describe as the problem of unequal inheritance. In terms of inheritance inequality, some economists and sociologists focus on
5037-463: The subject. The first form of inheritance is the inheritance of cultural capital (i.e. linguistic styles, higher status social circles, and aesthetic preferences). The second form of inheritance is through familial interventions in the form of inter vivos transfers (i.e. gifts between the living), especially at crucial junctures in the life courses. Examples include during a child's milestone stages, such as going to college, getting married, getting
5110-575: The transfer of freehold or leasehold land by deed . The LPA 1925, as amended, provides the core of English land law, particularly as regards many aspects of freehold land which is itself an important consideration in all other types of interest in land. The keynote policy of the act was to reduce the number of legal estates to two – freehold and leasehold – and generally to make the transfer of interests in land easier for purchasers. Other policies were to regulate mortgages and as to leases, to regulate mainly their assignment, and to tackle some of
5183-422: The use of a will unnecessary and eliminates the need to probate the asset. A disadvantage is the small risk of a fraud on the part of beneficiary Bill, if he could easily show in a particular jurisdiction an unfettered fee simple, he could sell the estate prematurely to an innocent purchaser such as when Al is on vacation. A second disadvantage to the grantor is that provision for any remainderman (or men) (party C)
5256-412: The will, administrators or beneficiaries all have the right to apply for the standard form A restriction and are encouraged by the official guidance to do so. If a lease is for more than seven years, the lease must be registered. Most long leases are for a period of between 99 and 999 years , and 'leases for life' will be interpreted either as a licence or a lease. In most Torrens Title jurisdictions
5329-423: Was bitterly fought by all those who treasured what had remained of the old English aristocratic rule. When this budget finally passed, the basis of the old real property law and the effective power of the House of Lords was gone. The legislation of 1925–26 was thus a final completion in the realm of private law of the revolution that was fought in 1910 in the forum of public law , i.e., in the field of taxation and
#104895