[WSBARP] Life Estate Not Conditioned

[Eric Nelsen]

Hi Jeff-If it's a true life estate, see WSBA Deskbook, indicating damage amount to waste can permit the court to decree forfeiture of the life estate:


§1.3 LIFE ESTATES, REVERSIONS, AND REMAINDERS

This section describes freehold estates other than fee interests.

(1) Life estates

Future Interests-Reversion (in Grantor)

Remainder (in Third Party)

Vested Completely

Subject to Open

Subject to Complete Defeasance (Executory Interests)

Contingent

"O to A for life"

"O to A for life, then..."

This is the shortest freehold estate and, as its title indicates, it is a freehold estate for the grantee's (or someone else's) life only. The most common usage to create a life estate is "to A for her life." More often than not, a simple conveyance "to A for life" will create a life estate measured by A's life rather than that of the grantor.

The presumption of English law was that if words of inheritance were not used, the conveyance was of a life estate only. The need to use "and her heirs," or like language, was eliminated by statute. RCW 64.04.060. Continued use of that language may create problems. See §1.4(7).

A life estate terminates with the death of the life tenant (or the death of the measuring life). Parr v. Davison, 146 Wash. 354, 262 P. 959 (1928). In relationships with neighboring landowners (e.g., nuisance, support), the life estate has the same characteristics as the fee simple absolute. The life tenant has the right to undisturbed possession. A life tenant who commits waste may be subject to a suit for damages or an injunction on behalf of the remainderman. By statute in Washington, the life tenant committing waste is liable for damages to "any person injured thereby"; in addition, the court may decree a forfeiture. RCW 64.12.020; see McDowell v. Beckham, 72 Wash. 224, 130 P. 350 (1913). See also Volume 4, Chapter 5 (Waste), of this deskbook.

Both the life tenant and the remainderman may recover for damages inflicted by third persons against the land. The life tenant, like the fee owner, has the privilege of taking issues and profits of the land, but only, of course, during the period of his or her tenancy. A life estate is transferable inter vivos, but again the life tenant can transfer only what he or she has. A holder of a life estate pur autre vie (for the life of another) can transfer the estate at his or her death, but only for the duration of the measuring life.

The life tenant is bound to keep the premises in repair and to pay taxes but is under no obligation to make improvements. In re Brooks' Estate, 44 Wn.2d 96, 265 P.2d 833 (1954); McDowell v. Beckham, 72 Wash. 224. The life tenant who makes improvements acts voluntarily and has no claim against the reversioner or remainderman for reimbursement. In re Brooks' Estate, 44 Wn.2d 96; Stahl v. Schwarz, 81 Wash. 293, 142 P. 651 (1914).

Generally speaking, the life tenant is required to pay real estate taxes on the property during the life estate. The grantor may, however, require that payments be made by the holder of the future interest, but probably may not do so if the value of the future interest will not secure the payments. In re Estate of Campbell, 87 Wn. App. 506, 942 P.2d 1008 (1997). A life estate is subject to claims of the life tenant's creditors, but that liability, again, ceases with the termination of the life estate, i.e., the death of the life tenant (or the measuring life).


Washington Real Property Deskbook Series Volume 3: Real Property Interests & Duties of Third Parties - Chapter 1.3 Life Estates, Reversions, and Remainders (Washington Real Property Deskbook Series Volume 3: Real Property Interests & Duties of Third Parties (WSBA) (4th ed. updated 2015))

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, December 17, 2025 2:37 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Life Estate Not Conditioned

Listmates:

Life estate set up with ex-spouse, remainder to the other spouse.   The life estate does not require the ex-spouse to live in the property, pay real estate taxes, insurance or even maintain the property.  Ex-spouse is free to lease out the property.  If the ex-spouse stops paying the taxes, insurance or maintain the home, does the remainder interest have any rights to step in and remove the ex-spouse.  I realize the remainder can step in and pay the tases, but I do not know what other rights that person has.  What have you done in these situations?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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