What is the name of your state? Calfornia
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Hello everyone.
Thanks for all the great contributions. I've enjoyed visiting.
My question relates to the origination and definition of the following:
"...sole and individual use and enjoyment..."
Are there any cases or set precedence that defines this phrase in case law? I visited a law library and did not know how to go about finding the origination of the phrase, the purpose, and its definition. It seems it's a phrase that's found as standard text in many wills.
Of course, this relates to an existing case where one heir was willed a life estate, but the person in remainder claims, based on that phrase, that the life estate is defeated because the person who was willed the life estate had one of her nieces move in with her due to her niece's financial hardship, but also to help out around the house. A potential win-win in the life estate holder's eyes.
However, the person in remainder, who wants the fee simple estate in remainder now for his own financial gain would like to defeat the life estate because he feels that the life estate holder should be the ONLY person to enjoy the home at any given time... thus, using the "sole and individual use and enjoyment" phrase to help support his claim to defeat the life estate.
Though a no contest clause exists, he and his lawyers are also masking the contest by asking the courts to accept their interpretation of the will. The courts have already allowed for this interpretation to be considered. Objections are filed.
If any case law can be offered to help define the 'sole and individual use and enjoyment' phrase as well as any interpretations of such would be helpful. Oh, and if this phrase really means that such use and enjoyment must be exclusive to only one person, does this also mean that such a phrase must be applied to the estate and funds in remainder?
Thanx in advance.
************************************
Hello everyone.
Thanks for all the great contributions. I've enjoyed visiting. My question relates to the origination and definition of the following:
"...sole and individual use and enjoyment..."
Are there any cases or set precedence that defines this phrase in case law? I visited a law library and did not know how to go about finding the origination of the phrase, the purpose, and its definition. It seems it's a phrase that's found as standard text in many wills.
Of course, this relates to an existing case where one heir was willed a life estate, but the person in remainder claims, based on that phrase, that the life estate is defeated because the person who was willed the life estate had one of her nieces move in with her due to her niece's financial hardship, but also to help out around the house. A potential win-win in the life estate holder's eyes.
However, the person in remainder, who wants the fee simple estate in remainder now for his own financial gain would like to defeat the life estate because he feels that the life estate holder should be the ONLY person to enjoy the home at any given time... thus, using the "sole and individual use and enjoyment" phrase to help support his claim to defeat the life estate.
Though a no contest clause exists, he and his lawyers are also masking the contest by asking the courts to accept their interpretation of the will. The courts have already allowed for this interpretation to be considered. Objections are filed.
If any case law can be offered to help define the 'sole and individual use and enjoyment' phrase as well as any interpretations of such would be helpful. Oh, and if this phrase really means that such use and enjoyment must be exclusive to only one person, does this also mean that such a phrase must be applied to the estate and funds in remainder?
Thanx in advance.