“Pur autre vie” is a legal term derived from Old French, meaning “for the life of another.” In property law, it describes a type of life estate granted to one person, which lasts for the duration of the life of a third party.
Key Characteristics of PUR AUTRE VIE
A “pur autre vie” estate is distinct from a regular life estate in that its duration is not based on the life of the life tenant but rather on the life of a third person, known as the “cestui que vie.”
Types of Life Estates
- Life Estate: Granted for the duration of the life tenant’s own life.
- Pur Autre Vie Estate: Granted for the duration of the life of a third person.
Historical Context
The concept of “pur autre vie” has historical roots in medieval England, where land tenure and property rights were key elements of the feudal system. This arrangement often served to allow flexibility in estate planning and land management.
Examples and Applicability
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Example Scenario:
- Alice grants Bob a life estate “pur autre vie” based on Charlie’s life. Bob holds the estate until Charlie’s death, regardless of whether Bob or Alice predeceases Charlie.
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Modern Use:
- Used in estate planning where the grantor wants to provide for someone only as long as a third person is alive, often seen in cases where there are dependents or caretaking responsibilities.
Comparison with Similar Terms
- Life Estate: Ends with the death of the life tenant.
- Fee Simple Absolute: An indefinite estate with no conditions or limited duration.
FAQs
Q: What happens to a pur autre vie estate when the third person dies?
A: The estate terminates, and the property reverts to the original grantor or their heirs or the remainderman if specified.
Q: Can a pur autre vie estate be transferred or inherited?
A: Yes, it can be transferred or inherited, but the duration still depends on the life of the specified third person.
Related Terms
- Cestui Que Vie: The person whose life measures the duration of a “pur autre vie” estate.
- Remainderman: The person who inherits or is entitled to inherit an estate after the life estate ends.
References
- Black’s Law Dictionary
- Real Property Law Textbooks
- Historical Land Tenure Documents
Summary
A “pur autre vie” estate offers a flexible property arrangement that serves many practical purposes in estate planning. By understanding its characteristics, historical context, and implications, one can better appreciate its role in property law and estate management.
Ensure this term enhances your legal vocabulary and aids in comprehending broader estate planning strategies.
