All Topics / General Property / Note: This property is subject to a life estate (tenant) with no future return.
Can someone please explain to me what this means?
Note: This property is subject to a life estate (tenant) with no future return.
Thanks
JoezHi Joez,
can you share a little more context to help people respond to your query?
Kind regards,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.
Hi KazEveryday, just saw it in this listing:
http://www.domain.com.au/Property/For-Sale/House/VIC/Reservoir/?adid=2008514985
joez71
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.
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 MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
terry, do you mean liability for purchaser or vendor? Cgt for purchaser would be even greater if purchased at a large discount.
Could be both
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Its still available by the looks of it – but for $320k now:
http://www.domain.com.au/Property/For-Sale/House/VIC/Reservoir/?adid=2008514985
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