Line of hereditary succession
Encyclopedia
Successor to hereditary title, office or like, in case of the heritage
being indivisible, goes to one person at a time. There are also other sorts of order of succession
than hereditary succession (such as line of non-hereditary succession to democratic state offices).
The hereditary line of succession may be limited to heirs of the body
, or may pass also to collateral lines, in case of extinction of heirs of the body, depending on the succession rules. These concepts are in use in English inheritance law.
Main concepts for hereditary succession are usually either heir male or heir general - see further primogeniture
(agnatic, cognatic, and also equal).
Certain types of property
pass to a descendant or relative of the original holder, recipient or grantee according to a fixed order of kinship
. Upon the death of the grantee, a designated inheritance
such as a peerage
, or a monarchy
, passes automatically to that living, legitimate
, natural
relative of the grantee who is most senior in descent, regardless of the relative age; and thereafter continues to pass to subsequent successors of the grantee, according to the same formula, upon the death of each subsequent heir.
Each person who inherits according to this formula is considered an heir at law of the grantee. Since the inheritance may not pass to someone who is not a natural, lawful descendant or relative of the grantee.
Collateral kin
, who share some or all of the grantee's ancestry, but do not directly descend from the grantee, may inherit if there is no limitation to heirs of the body.
There are other kinds of formulae for inheritance, if the heritage can be divided: heirs portioners and partible inheritance
.
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
being indivisible, goes to one person at a time. There are also other sorts of order of succession
Order of succession
An order of succession is a formula or algorithm that determines who inherits an office upon the death, resignation, or removal of its current occupant.-Monarchies and nobility:...
than hereditary succession (such as line of non-hereditary succession to democratic state offices).
The hereditary line of succession may be limited to heirs of the body
Heirs of the body
Heirs of the body is the term for the English legal principle that certain types of property pass to a descendant of the original holder, recipient or grantee according to a fixed order of kinship...
, or may pass also to collateral lines, in case of extinction of heirs of the body, depending on the succession rules. These concepts are in use in English inheritance law.
Main concepts for hereditary succession are usually either heir male or heir general - see further primogeniture
Primogeniture
Primogeniture is the right, by law or custom, of the firstborn to inherit the entire estate, to the exclusion of younger siblings . Historically, the term implied male primogeniture, to the exclusion of females...
(agnatic, cognatic, and also equal).
Certain types of property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
pass to a descendant or relative of the original holder, recipient or grantee according to a fixed order of kinship
Kinship
Kinship is a relationship between any entities that share a genealogical origin, through either biological, cultural, or historical descent. And descent groups, lineages, etc. are treated in their own subsections....
. Upon the death of the grantee, a designated inheritance
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
such as a peerage
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
, or a monarchy
Monarchy
A monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...
, passes automatically to that living, legitimate
Legitimacy (law)
At common law, legitimacy is the status of a child who is born to parents who are legally married to one another; and of a child who is born shortly after the parents' divorce. In canon and in civil law, the offspring of putative marriages have been considered legitimate children...
, natural
Nature
Nature, in the broadest sense, is equivalent to the natural world, physical world, or material world. "Nature" refers to the phenomena of the physical world, and also to life in general...
relative of the grantee who is most senior in descent, regardless of the relative age; and thereafter continues to pass to subsequent successors of the grantee, according to the same formula, upon the death of each subsequent heir.
Each person who inherits according to this formula is considered an heir at law of the grantee. Since the inheritance may not pass to someone who is not a natural, lawful descendant or relative of the grantee.
Collateral kin
Kin
-Places:* Kin, Okinawa, a town in Okinawa, Japan* Kin, Pakistan, a village along the Indus in Pakistan* Kin, Mogok, a village in Mogok Township, Burma * Kin, Ye, a village in Ye Township, Burma...
, who share some or all of the grantee's ancestry, but do not directly descend from the grantee, may inherit if there is no limitation to heirs of the body.
There are other kinds of formulae for inheritance, if the heritage can be divided: heirs portioners and partible inheritance
Partible inheritance
Partible inheritance is a general term applied to systems of inheritance in which property may be apportioned among heirs. It contrasts in particular with primogeniture, which requires that the whole inheritance passes to the eldest son, and with agnatic seniority where the succession passes to...
.