Heir, Heiress

Legal Definition and Related Resources of Heir, Heiress

Meaning of Heir, Heiress

At common law , the person who, on intestacy, would succeed to the estate of the deceased. there can be no heirs until after the death of the ancestor and therefore the word is not synonymous with children. When a devise or a grant is made to a person and his heirs, the word heirs operates as a word of limitation , conferring an estate in fee simple and is not to be construed as a devise or grant to the heirs. See Shelly’s Case. When occurring in a will, the word is sometimes construed as meaning children and sometimes as meaning next-of-kin , including the widow . § 1 -201( 17) of the U niform probate Code defines the term as meaning those persons, including the surviving spouse , who are entitled under the statutes of intestate succession to the property of a decedent.

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Heir, Heiress in Historical Law

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Legal Abbreviations and Acronyms

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