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 further to the power and meaning of this word, 2 Wind. 311; 1 p.

Wms. 229; 3 brother 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. n. Someone 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 an early heir, i.e. accidentally or accidentally omitted from the will, and may claim that he or she should have received as an heir. (See: Descent and distribution, Heir to the throne, Heir to the body, Early inheritance, Testament) HERITAGE, LAW, CIVIL LAW. A legal heir is a person of the same blood as the testator who takes charge of the succession by operation of law; This is different from a testamentary or conventional heir, who takes charge of the estate according to the disposition of the person. See Civil, Code of Louis. 873, 875; Dict.

de Jurisp., Heritier legitime. There are three categories of legal heirs; children and other legitimate descendants; fathers, mothers and other legitimate ancestors; and collateral relatives. Code civ. by Lo. 883. PATRIMONY, WILL, 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. HERITAGE, IRREGULAR. In Louisiana, irregular heirs are those who are neither testamentary nor legal and who have been established by law to assume the estate.

See Civil Code of Lo. 874. If the testator has left no descendants, legal ancestors or secondary parents, the law requires either the surviving husband or wife, his biological children, or the State to inherit from him. Art., 911. This is called irregular succession. Find the actors who can answer your questions in your region Messages addressed to service-public.fr are subject to computer©processing in: Please note that the words in this list are only available in©©© this browser.