Types of Heirs

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    Heir Expectant

    • An heir expectant is not necessarily an heir to title or property of an intestate, but a person who has an interest, whether revisionary or remainder, in the property. An heir expectant may also be someone who has a change at succeeding to it. An heir expectant, who does not have an interest in the estate, may make a valid contract for consideration to an estate.

    Heir Prospective

    • An heir prospective is a person who may inherit but also has the possibility of being excluded. Heir prospective can be either presumptive or apparent heirs, which both have different rules of displacement. Depending on the birth of a more closely related heir, or a change in the line of succession, an heir prospective is certain to inherit the estate and title of the intestate.

    Heir Presumptive

    • An heir presumptive is a person who will inherit property of an intestate if death occurs immediately. An heir presumptive can be excluded upon the occurrence of an event such as the birth of another heir who is more closely related to the intestate. An heir presumptive is expected and scheduled to inherit a position such as a throne, unless another heir is born with a closer claim to the throne.

    Heir Apparent

    • An heir apparent is an heir who is certain to inherit a title or property of an intestate, but whose claim to title and property can be displaced by the presence of a valid will or a change in the rules of succession. Without the birth of a more closely related heir, or the presence of a will, an apparent heir is guaranteed inheritance. An heir apparent is common in heirs of hereditary titles, such as monarchies.

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