It is not uncommon for a will to say that a particular person has the right to live in a home for that person's life. This is called giving a life tenancy (also called a life interest or life estate). Advice should always be sought as, depending on the wording, the right to use the property may cease if the life tenant no longer resides in the home. Alternatively, the life tenant may have the right to use the home for the rest of their life, even if not residing in the home. This may allow the life tenant to rent the home to someone else and collect the rent payments.

A will generally says that a life tenant must pay rates, taxes and maintenance costs on the home. If these costs are not paid, another beneficiary may be able to apply to the Supreme Court for an order requiring the payment of costs or the termination of the life tenancy.

At any time during the life tenancy the other beneficiaries and the life tenant may negotiate to terminate the life tenancy, usually with some payment to the life tenant. Alternatively, if all the other beneficiaries agree, the home can be sold and another (perhaps more suitable) home may be purchased over which the life tenancy will continue. Legal advice should always be sought in these circumstances.

At the end of the life tenancy the home is dealt with according to the provisions of the will.