Legal Definition and Related Resources of Heir

At Common Law. He who is bom or begotten in lawful wedlock, and upon whom the law casts the estate in lands, tenements, or hereditaments immediately upon the death of his ancestor. The term “heir” has a very different signification at common law from what it has in those states and countries which have adopted the civil law. In the latter, the term applies to all persons who are called to the succession, whether by the act of the party, or by operation of law. The person who is created universal successor by a will is called the “testamentary heir”; and the next of kin by blood is, in cases of intestacy, called the “heir at law,” or “heir by intestacy.” The executor of the common law is in many respects not unlike the testamentary heir of the civil law. Again, the administrator in many respects corresponds with the heir by intestacy. By the common law, executors unless expressly authorized by the will and administrators have no right except to the personal estate of the deceased; whereas the heir by the civil law is authorized to administer both the personal and real estate. 1 Brown, Civ. Law, 344; Story, Confi. Laws, § 508. No person is heir of a living person. A person occupying a relation which may be that of heirship is, however, called “heir apparent” or “heir presumptive.” 2 Bl. Comm. 208. A monster cannot be heir. Co. Litt. 7b. A bastard cannot be heir. 2 Kent, Comm. 208. In the word “heirs” is comprehended heirs of heirs in infinitum. Co. Litt. 7b, 9a; , Wood. Inst. 69. According to many authorities, heir may be wowew collectivum, as well in a deed as in a will, and operate in both in the same manner as the word “heirs.” 1 Rolle, Abr. 253; Ambl. 453; Godb. 155; T. Jones, HI; Cro. Eliz. 313; 1 Burrows, 38; 10 Viner, Abr. 233. But see 2 Prest. Est. 9, 10. In wills, in order to effectuate the intention of the testator, the word “heirs” is sometimes construed to mean the “next of kin” (1 Jac. & W. 388) and children (Ambl. 273). See, further, as to the force and import of this word, 2 Vent. 311; 1 P. Wms. 229; 2 P. Wms. 1, 369; 3 Brown, Pari. Gas. 60, 454; 2 W. Bl. 1010; 4 Ves. 26, 766, 794; 2 Atk. 89, B80; 5 East, 533; 5 Burrows, 2615; 11 Mod. 189. In Civil Law. He who succeeds to the rights and occupies the place of a deceased person. See “Haeres.”

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This definition of Heir is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

noun

• acceptor
• aftercomer
• aftergenerations
• allottee
• bénéficiaire
• beneficiary
• consignee
• descendant
• devisee
• donee
• inheritor
• inheritrix
• legatee
• one who inherits
• parcener
• payee
• possessor of descent
• posterity
• receiver
• recipient
• scion
• successor
• survivor
• transferee
• Associated Concepts: adopted heir
• aggrieved heir
• bodily heir
• coheir
• collateral heir
• distributee
• eligible heir
• expectant heir
• heir apparent
• heirs at law
• heirs in fee simple
• illegitimate heir
• immediate heir
• intestate succession
• issue
• legal heir
• legitimate heir
• lineal heir
• living heir
• natural heir
• natural offspring
• next of kin
• presumptive heir
• pretermitted heir
• Rule in Shelley’s Case
• surviving heir
• unknown heir foreign phrases: Haeres estautjureproprietatis autjure representationis
• A person is an heir either by right of property or by right of representation
• Haeredum appellatione veniunt haeredes haeredum in infinitum
• Under the name heirs come the heirs of heirs without limit
• Cohaeredes unapersona censentur
• propter unitatem juris quod habent
• Coheirs are regarded as one person because they own under unity of right
• In haeredes non soient transire actiones quaepoenales ex maleficio sunt
• Actions which are penal and which arise out of anything of a criminal nature do not pass to the heirs
• Posthumus ro nato habetur
• A posthumous child is regarded as orn before the death of the parent
• Nemo est haeres viventis
• No one can be the heir of a living person
• Haeres minor uno et viginti annis non respondebit
• nisi in casudotis
• A minor heir under twentyone years of age is not answerable
• except in the matter of dower
• Films est nomen naturae
• sed haeres nomen juris
• Son is the natural name
• Nemo potest esse dominus et haeres
• No one can be both owner and heir
• Haeres est pars antecessoris
• An heir is a part of his ancestor

Heir in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims

See Hæres. At common law, he upon whom the law casts an estate immediately on the death of the ancestor. 2 Bl. Com. 201. Uncontrolled by the context, the person appointed by law to succeed to the real estate in case of intestacy. 88 Ill. 256 (1878). “Heir” is a word of law; “son”, “child”, and the like, are words of nature.

Note: This legal definition of Heir in the Dictionary of Law (English and American Jurisprudence) is from 1893.

English Legal System: Heir

In the context of the English law, A Dictionary of Law provides the following legal concept of Heir :

Before 1926, the person entitled under common law and statutory rules to inherit the freehold land of one who died intestate. The Administration of Estates Act 1925 abolished these rules of descent and the concept of heirship, except that *entailed interests and in certain rare cases the property of mental patients devolve according to the old rules. In addition, the Law of Property Act 1925 provides that a conveyance of property in favour of the heir of a deceased person conveys it to the person who would be the heir under the old rules. Where these exceptions apply, an heir apparent is the person (e.g. an eldest son) who will inherit provided that he outlives his ancestor; an heir presumptive is an heir (e.g. a daughter) whose right to inherit may be lost by the birth of an heir with greater priority (e.g. a son).

See also heirs of the body.

Concept of Heir in the context of Real Property

A short definition of Heir: One who by law, rather than by will, receives the estate of a deceased person.

Concept of Heir in the context of Real Property

A short definition of Heir: One who by law, rather than by will, receives the estate of a deceased person.

Grammar

This term is a noun.

Etimology of Heir

(You may find heir at the world legal encyclopedia and the etimology of more terms).

one who inherits, or has right of inheritance in, the property of another, c. 1300, from Anglo-French heir, Old French oir “heir, successor; heritage, inheritance,” from Latin heredem (nominative heres) “heir, heiress” (see heredity). Heir apparent (late 14c.) has the French order of noun-adjective, though it was not originally so written in English. It is the heir of one still alive whose right is clear. After death the heir apparent becomes the heir-at-law. Related: Heir-apparency.