In the law of property, a pretermitted heir is a person who would likely stand to inherit under a will, except that the testator (the person who wrote the will) did not include the person in the testator's will. Omission may occur because the testator did not know of the omitted person at the time the will was written.[1]
A will may contain a clause that explicitly disinherits any heirs unknown at the time that the will is executed, or any heirs not named in the will. While such a clause will not necessarily prevent a claim against an estate by a pretermitted heir, it may make it more difficult to succeed in such an action.[2]
^Hirsch, Adam J. (2015). "Airbrushed Heirs: The Problem of Children Omitted from Wills". Real Property, Probate and Trust Law Journal. 50: 175. SSRN 2701515.
^See, e.g., "Matter of Estate of Jetter, 1997 SD 125, 570 N.W.2d 26 (1997)". Google Scholar. Retrieved 6 November 2017.
enacted statutes that permit a pretermitted child to demand an inheritance under the will. Some statutes allow a pretermitted child to claim their intestate...
only be decreased on account of some very specific misconduct by the forced heir. In matters of cross-border inheritance, the "laws of succession" is the...
Heirs property, or heirs' property, refers to property that is passed between generations of family members without the involvement of local probate courts...
Satisfaction of legacies Acts of independent significance Elective share Pretermittedheir Trusts Express Resulting Constructive Common types Bare Discretionary...
Satisfaction of legacies Acts of independent significance Elective share Pretermittedheir Trusts Express Resulting Constructive Common types Bare Discretionary...
rule, rather than limiting it. For example, where the statute requires the heir to have been convicted to bar inheritance, a common law slayer rule that...
Satisfaction of legacies Acts of independent significance Elective share Pretermittedheir Trusts Express Resulting Constructive Common types Bare Discretionary...
Satisfaction of legacies Acts of independent significance Elective share Pretermittedheir Trusts Express Resulting Constructive Common types Bare Discretionary...
residuary legatee. Such a clause may state that, in the event all other heirs predecease the testator, the estate would pass to a charity (that would...
Satisfaction of legacies Acts of independent significance Elective share Pretermittedheir Trusts Express Resulting Constructive Common types Bare Discretionary...
whomever he or she chooses. Takers in the forced estate are known as forced heirs. The expression comes from Louisianan legal language and is ultimately a...
after their will has been written, the law writes this pretermitted spouse or pretermittedheir into the will if no provision for this situation was specifically...
potential heirs in intestate estates, especially with the advent of inexpensive DNA profiling techniques. In some situations, however, even biological heirs can...
off all necessary debts, and distributing the remains to the decedent’s heirs. However, these Administrators do not hold unlimited responsibilities but...
previous testaments; the provision of statutory entitlements to statutory heirs, such as children, spouse, registered partner, etc.; the place and date...
future incapacity or death. The planning includes the bequest of assets to heirs, loved ones, and/or charity, and may include minimizing gift, estate, and...
Satisfaction of legacies Acts of independent significance Elective share Pretermittedheir Trusts Express Resulting Constructive Common types Bare Discretionary...
A missing heir is a person related to a decedent (dead person), or testator of a will, but whose residence, domicile, Post office, or other address is...
of the trust term, the remainder can either go back to the donor or to heirs named by the donor. The donor may sometimes claim a charitable income tax...
Satisfaction of legacies Acts of independent significance Elective share Pretermittedheir Trusts Express Resulting Constructive Common types Bare Discretionary...
Satisfaction of legacies Acts of independent significance Elective share Pretermittedheir Trusts Express Resulting Constructive Common types Bare Discretionary...
Satisfaction of legacies Acts of independent significance Elective share Pretermittedheir Trusts Express Resulting Constructive Common types Bare Discretionary...
Satisfaction of legacies Acts of independent significance Elective share Pretermittedheir Trusts Express Resulting Constructive Common types Bare Discretionary...
Satisfaction of legacies Acts of independent significance Elective share Pretermittedheir Trusts Express Resulting Constructive Common types Bare Discretionary...
Originally, it was a device intended solely for men who died without an heir. The English phrase "will and testament" is derived from a period in English...
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