PATRIMONY, TESTAMENTARY, CIVIL LAW. A testamentary heir is a person who is considered an heir by will in the form prescribed by law. He is thus called upon to distinguish him from the legal heirs designated by law to the succession; and conventional heirs, who are thus formed by a contract between living persons. See Haeres factus; Legatee. Nor are they limited by definitions of who is heir and who is not. Wills and trusts allow you to designate a person as the beneficiary of your choice, as long as the usual rules necessary for the legal validity of these documents are respected. The rights of an heir during the probate procedure depend on the type of estate planning that has been carried out. If there is a will and it is valid, an heir does not necessarily have rights. The estate plan would determine who is entitled to what inheritance. That is, if there is no valid will, the law of the state we have been talking about comes into play in determining the order of succession. It`s important to consider your state law when deciding whether estate planning documents should go into effect. Failure to do so can lead to legal complications for the people you wish to bequeath your property to. Heirs who inherit property are usually children, descendants or other close relatives of the deceased.
Spouses are generally not legally considered heirs, as they are instead entitled to property under matrimonial or joint property laws. If you die without an estate plan, it is legally called a “dying estate.” In this case, the courts will intervene to appoint a personal representative who will act as executor and oversee the distribution of your estate. The heirs receive assets from the estate as defined by the intestinal laws. An heir is a person who is legally identified as a person who is entitled to be the beneficiary of the estate assets when no will or trust is available. Dying without estate planning is called a dying estate, and in cases where this happens, state law dictates how an estate is passed and which heirs are entitled to assets. [Important: Traditionally, Jewish, Christian and Islamic laws each have their own customs with respect to heirs.] Estate planning has a lot of terminology, and it`s important that you understand the differences, especially when it comes to things like heirs and beneficiaries. It`s important to know the difference between the two to make sure your estate plan is set up the way you want it to, with the people you intend to receive the benefits actually receiving them. HEIR, BENEFICIARY. Term used in civil law.
Beneficiary heirs are those who have accepted the inheritance on the basis of a regularly drawn up inventory. Code civ. by Lo. 879. If the heir fears that the inheritance will be burdened with debts that exceed its value, he accepts with the help of the inventory, and in this case he is liable only for the value of the estate. See inventory, benefits of. In a trust or will, the inheritance rights of an heir are specifically defined. In the absence of a formal estate plan, heirs are legally considered to be the next of kin. This means that if an estate owner dies without a will or trust, their heirs are entitled to the property and assets of the estate. As already mentioned, succession is dictated by state law, but in most cases it follows spouses – children – descendants – close relatives.
n. a person who acquires property after the death of another, on the basis of the rules of filiation and distribution, namely to be the child, descendant or other closest relative of the dear deceased. It also means anyone who “takes” (receives) on the terms of the will. An heir can only be determined at the time of the death of the person leaving the property, as a supposed beneficiary (heir to the throne) could die first. A deemed heir is a person who would receive benefits unless a child was later born to the current owner of the property, which the heir presumed hopes to obtain one day. A legally adopted child has the opportunity to become an heir upon adoption as if he or she were the biological child of the adoptive parent(s) and is called the adoptive parent. A page heir is a parent who is not a direct descendant, but a brother, sister, uncle, aunt, cousin, nephew, niece or relative. It should be noted that a spouse is not an heir unless expressly mentioned in the will.
However, he may receive an inheritance by matrimonial regime or matrimonial regime. A child who is not mentioned in a will may claim to be a premature baby, i.e.: was accidentally or accidentally omitted from the will and may claim that he or she would have received (should) as an heir. HEIR. Someone born in legal marriage, who, by descent and blood law, succeeds to lands, tenements or inheritances that are genetic property. It is an established legal rule that only God can make an heir. Glanville de Beame, 143; 1 Thomas, co. lit. 931; and Butler`s Note, p. 938. The word heirs is understood to mean the heirs of heirs to infinity. 1 Co. Litt.
7 b, 9 a, 237 b; Inst. de Wood 69. According to many authorities, the heir can be nomen collectivuum in both an act and a will, and act in both in the same way as heirs in the plural. 1 role. Abr. 253; Ambl. 453; Godb. 155; T. Jones, 111; Cro, Eliz. 313; 1 ridge. 38; 10 wines. Abr.
233, p. 1; 8 wines. Abr. 233; sed empty 2 Prest. on, est. 9, 10. In wills, the word heir is sometimes interpreted to mean the next of kin in order to fulfill the testator`s intention; 1 Jac. & Go ahead. 388; and children, Ambl. 273. See also on the power and meaning of this word, 2 Wind.
311; 1 p. Wms. 229; 3 Br. P. C. 60, 454; 2 pp. 1, 369; 2 Black. R. 1010; 4 ves. 26, 766, 794; 2 ATK. 89, 580; 5 Rep. East 533; 5 burrs.
2615; 11 Mod. 189; 8 wines. Abr. 317; 1 R. T. 630; Ferry. Abr. Nachlässe en fief simple, B. 2.
There are different types of heirs listed below. 3. Under civil law, heirs are divided into testamentary or designated heirs, legal heirs or blood heirs; to which the Civil Code of Louisiana added irregular heirs. They are also divided into unconditional heirs and beneficiaries. 4. It should be noted here that there is a difference in the meaning of the word inheritance as understood in general and civil law. In civil law, the term heir applies to all persons called to succeed, whether by the fact of the party or by operation of law. The person created by will as the universal successor was called testamentary heir; and the closest relative by blood was called the heir of the law in case of intestate succession, or inheritance by intestate.
The common law executor is reminiscent of the civil law heir. Again, the administrator corresponds in many respects to the heir by intestate succession. At common law, executors, unless expressly authorized by the will and administrators, have no rights only in the personal property of the deceased; while the heir was empowered by civil law to manage personal and immovable property. 1 Brown`s Civ. Law, 344; History, Confl. of the Acts, § 508.5. All free persons, including minors, the insane, the mentally ill or otherwise, may transfer their property ab intestato ab intestato and inherit from others. Civil Code of Lo., 945; Agreement, Co. Lit.
8 a. 6. The child in the womb is considered to be born for all purposes of his own interest; He takes all open successions in his favor after conception, provided that he is able to succeed at the time of his birth. Code civ. by Lo. 948. However, if the conceived child is supposed to be born, it is only in the hope of its birth; It is therefore necessary that the child be born alive, because it cannot be said that those who are stillborn have ever inherited. No. 949. See In ventre his mother. When looking at an heir versus a beneficiary, it is important to understand that there are distinct differences between the two terms.
At a high level, the main difference is that an heir is a descendant or close relative equivalent to an inheritance if you don`t set up your estate plans correctly. In contrast, a beneficiary is someone you name in an official legal document as the recipient of your property after your death. If you don`t properly name the beneficiaries, it can lead to an intestate inheritance law, rather than your wishes, dictating who gets what from your estate. A beneficiary is a person who is legally designated (by the donor or owner) to receive property from an estate. It`s important to understand the role a beneficiary plays in your estate plan and the rights they have to the assets or real estate they want to inherit.