Estate in United Kingdom

Estate Subsisting At Law

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See Also

• See legal estate.

Definition of Estate

In accordance with the work A Dictionary of Law, this is a description of Estate :

1. (in land law) The character and duration of a person’s ownership of land. For example, an estate in fee simple confers effectively absolute ownership; an estate for a term of years (called leasehold) or for life are lesser estates. Under the Law of Property Act 1925 only a *fee simple absolute in possession (called freehold) and a *term of years absolute can exist as legal estates in land. All other forms of ownership, e.g. an estate for life or an estate in fee simple coming into effect only on someone’s death, are equitable only.

2. (in revenue law)The aggregate of all the property to which a person is beneficially entitled. Excluded property, which includes most reversionary interests and certain foreign matters, is not taken into account for the death charge (See inheritance tax).

Definition of Estate

The total worth of property, personal effects and possessions when someone dies.

Concept of Estate

Traditional meaning of estate [1] in the English common law history: 1. An interest in land. 2. Property in general. 3. Status, or condition of life. Estate in common, coparcenary; by curtesy, dower, elegit; executory, equitable, legal; in fee; of joint tenancy; on condition; see those titles. Estate for life: a freehold interest, not of inheritance, which a man has for his own life, or for the life of another or others. If the latter, it is an estate pur auter vie. Estate in possession: where there is a right of present entry and enjoyment.Estate in remainder, reversion, severalty : see those titles. Estates of the realm: in England, the lords spiritual, the lords temporal, and the commons. Estate by statute merchant, statute staple, estate tail, tail special, etc.; see those titles. Estate for year 3: an interest, less than a freehold, for a fixed or determinable time; see 2nd Book (“The Rights of Things”), Blackstone’s Commentaries on the Laws of England 140. Estate at will: an interest less than freehold, which may be ended at the will of the lessor; see 2nd Book (“The Rights of Things”), Blackstone’s Commentaries on the Laws of England 145; 4 Kent, 110. Estate at sufferance: where a tenant is allowed to hold over after his term; see 2nd Book (“The Rights of Things”), Blackstone’s Commentaries on the Laws of England 150; 39 Mo. 177. Estate from year to year: a lease for a year, which, unless terminated by the lessor or lessee, will arise anew by implication, at the end of the year, for another year.Estate in vadio: in gage or pledge. [rtbs name=”history-of-english-law”]

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Notes and References

1. Based on A concise law dictionary of words, phrases and maxims, “Estate”, Boston: Little, Brown, and Company, 1911, United States. This term and/or definition may be absolete. It is also called the Stimson’s Law dictionary, based on a glossary of terms, included Estate.

See Also