Devise of Life Estate in Real Property Clause
(CA)

This template devises a life estate in real property. It is used in a California will. This template includes practical guidance, drafting notes, and alternate and optional clauses. A legal life estate in real property should be created only after carefully considering the disadvantages of such an arrangement. Trusts are typically much more flexible vehicles for dividing the use of property between different generations of beneficiaries. If a life estate is selected, the devise should specifically note whether it is made subject to encumbrances or whether encumbrances are to be exonerated. For a full listing of key clauses for use when drafting last wills and testaments, see Will Clauses Resource Kit. For additional information about will provisions, see Purposes and Uses of a Will (CA) and Requisites, Instrumentation, and Will Provisions (CA).