Life Estate Charts

Question 1

Fee Simple Absolute

Answer 1

PPI
Fee Simple Absolute

Language to Create
“To A”
“To A and her Heirs”

Future Interest in GRANTOR
NONE

Future Interest in THIRD PERSON
NONE

Question 2

Fee Simple Determinable

Answer 2

PPI
Fee Simple Determinable

Language to Create - DURATIONAL (Also DEFEASIBLE)
“So Long As” 
“While” 
“During” 
“Until” 

Future Interest in GRANTOR
Possibility of Reverter

Future Interest in THIRD PERSON
NONE

Question 3

Fee Simple Subject to a Condition Subsequent

Answer 3

PPI
Fee Simple Subject to a Condition Subsequent

Language to Create – DEFEASIBLE
“But if”
“on condition”
“provided that”

Future Interest in GRANTOR
Right of Entry / Power of Termination

Future Interest in THIRD PERSON
NONE

Question 4

Fee Simple Subject to an Executory Limitation

Answer 4

PPI
Fee Simple Subject to an Executory Limitation

Language to Create - DEFEASIBLE
“until…then to….”
“but if…then to…”

Future Interest in GRANTOR
NONE

Future Interest in THIRD PERSON
Executory Interest

Question 5

Fee Tail

Answer 5

PPI
Fee Tail

Language to Create – REVERSIONARY
“To A and the heirs of his body”

Future Interest in GRANTOR
Reversion

Future Interest in THIRD PERSON
Remainder

Question 6

Life Estate

Answer 6

PPI
Life Estate

Language to Create - DURATIONAL
“To A for Life”
“To A for the Life of B”

Question 7

Defeasible

O to A (Grantor)

Answer 7

Fee Simple Determinable (Possibility of Reverter - Automatic)

or

Fee Simple Subject to Condition Subsequent (Right of Entry - Option)

Question 8

Defeasible

O to A (Third Party)

Answer 8

Fee Simple Subj to Executory Limitation

Springing Executory Interest
(Divests the GRANTOR or durational)

or

Shifting Executory Interest
(divests a TRANSFEREE)

Question 9

Life Estate
O to A For Life

To Grantor (Reversion)

Answer 9

Life Estate Determinable (Possibility of Reverter - automatic)

or

Life Estate Subject to COndition Subsequent (Right of Entry - Option)

Question 10

Life Estate
O to A For Life

To Third Party

Answer 10

Remainder

Question 11

Shifting Executory Interests

Answer 11

Divests a grantee

– E.g., O to A, but if A does not graduate from law school,
to B.

Question 12

Springing Executory Interests

Answer 12

Divests the grantor, or follows durational language

– E.g., O to A if A graduates from law school.
– E.g., O to X until A graduates from law school, then to A.