All Topics / General Property / Note: This property is subject to a life estate (tenant) with no future return.

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  • Profile photo of joez71joez71
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    @joez71
    Join Date: 2006
    Post Count: 28

    Can someone please explain to me what this means?

    Note: This property is subject to a life estate (tenant) with no future return.

    Thanks
    Joez

    Profile photo of Kaz YoungKaz Young
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    @kaz-young
    Join Date: 2010
    Post Count: 25

    Hi Joez,
    can you share a little more context to help people respond to your query?
    Kind regards,

    Profile photo of beediebeedie
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    @beedie
    Join Date: 2007
    Post Count: 158

    Life estate

    The right to use or occupy real property for one's life. Often this is given to a person (such as a family member ) by deed or as a gift under a will with the idea that a younger person would then take the property upon the death of the one who receives the life estate.

    I would assume in your case the younger person is selling the property in excample above on condition the family member lives thier rent free hence no future returns.

    Profile photo of joez71joez71
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    @joez71
    Join Date: 2006
    Post Count: 28
    Profile photo of Scott No MatesScott No Mates
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    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    point of note: how long is the life tenant going to live? How long are you going to forego rent/outgoings/insurance/land tax etc? What costs is the occupant going to pay, if any?

    You may need to enter into a lease with the occupant but for no fixed term, rights regards inspections, water usage etc – seek legal advice. Also what are your obligations in regards to maintenance?

    Now you need to apply the appropriate discount to the market value to determine how much you are going to pay. You may need to engage a valuer & an actuary for guidance. Eg mv of $350K, rent foregone 20 yrs @ $15k so you’d only offer $50k.

    This doesn’t fit the bill for normal ip so you are putting on the early demise of the occupier.

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    There are also CGT consequences of life tenancies on granting and surrendering.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    terry, do you mean liability for purchaser or vendor? Cgt for purchaser would be even greater if purchased at a large discount.

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Could be both

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of rojerkrojerk
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    @rojerk
    Join Date: 2011
    Post Count: 4
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