INHERITANCE, FORCED. Mandatory separators are those that cannot be disinherited. This term is used among civilians. Empty Required divider HERITAGE. 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; Accord, 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. 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. An heir to the body is an inheritance conceived or born either by the deceased person or by a child of that heir. This type of heir is any person descended in the direct line of the deceased, with the exception of the surviving spouse, adopted children and collateral relatives. Normally, property can be handed over by will to any named person or divided by all heirs, but historically, the owner of an object could only pass his property to the heirs of the body. This type of inheritance is now largely abolished by law. 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 only responsible for the value of the estate. See inventory, benefits of. HERITAGE, CONVENTIONAL, CIVIL LAW. A conventional heir is a person who enters into succession on the basis of a contract; For example, a marriage contract that entitles the heir to the estate. Who can and cannot be your heir is often determined at the state level. If you die without having drawn up a will and leave your property “intestate intestate”, it is your heirs who are legally designated to preserve your estate. This can sometimes also be the case for any characteristic that is not stated in your will.