MBE Rules · Real Property
Life estate
The rule
An estate measured by the life of one or more persons. Life tenant has right to possess, lease, mortgage, but commits WASTE (voluntary, permissive, ameliorative) against the remainderman. On death of measuring life, estate passes to remainderman or reverts.
In plain English
A life estate lets someone use and control property for their lifetime. Once they die, the property goes to someone else or back to the original owner.
Worked example
The defendant has a life estate in a house. They rent it out, but when they pass away, the house automatically transfers to the buyer, who was named in the will as the remainderman.
Memory hook
Life Estate: Live, Lease, but Don't Waste! Tenant enjoys until death, but can't damage future interests.
The trap
Students think: Life tenant can do anything. Wrong, because waste harms remainderman. The actual rule restricts harmful changes.
How examiners test it
MBE loves: tenant's improvements or neglect. Trap: students think any change is waste. Actual test: voluntary, permissive, or ameliorative waste definitions.
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