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Pur autre vie is a type of inheritance where the duration is measured by the life of someone other than the holder. The owner of a life estate can designate a future owner, and the future interest can be a restitution, residual, or remainder. There are various ways to create a pur autre vie estate, including the destruction of a contingent residue.
In property law, pur autre vie describes the duration of a specific type of inheritance typically created when an inheritance holder passes on their interest to someone else. It’s a French phrase that means for the life of another, so a pur autre vie estate would last as long as another’s life. For example, if person A holds a vital asset measured from his own life and then sells or otherwise transfers his interest to person B for the remainder of person C’s life, B now has a vital asset pur autre vie. Person B’s estate ends when person C dies.
Property includes the legal rights, rights and interests of a person in any type of property. A person who owns a house and the land it stands on actually owns a bundle of rights regarding the land and the house. Ownership of a property can be divided into time divisions; there may be a current owner and a future designated owner of a piece of property, for example. Duration is what distinguishes the different types of properties.
An inheritance only lasts as long as the holder is alive. When the owner dies, the property ends. A holder of an estate for life is also called a tenant for life and can designate a future owner who will take possession of the estate upon the holder’s death. This prospective owner retains a future interest in the life estate.
When the life of someone other than the inheritance holder is used to measure the duration of the inheritance, it is an inheritance pur autre vie. The owner of a life estate pur autre vie can conceive or allow it to pass to the heirs by legitimate succession. A heritage of regular life is not transmissible by will or capable of being transmitted by ancestors but can be alienated.
In the case of an inheritance pur autre vie, the future interest that follows is a restitution or a residual. If John gives Bill his car for life, then John keeps a return. When a third party holds the future interest, it is called remainder. For example, John gives Bill his car for life and then to Mark. Mark, a third party, holds the future interest or remainder in John’s car.
There are several ways to create a pur autre vie estate. The destruction of a contingent residue or of a residue not already acquired can lead to the establishment of a legacy of life pur autre vie. A contingent remnant is a remnant that has been granted to an unborn person or is a remnant made contingent on an event other than the natural end of the previous estate.
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