Legal Definitions - aditio hereditatis

The term aditio hereditatis refers to the formal act by which an heir accepts an inheritance. In legal terms, it signifies the heir's decision to take possession of the assets and liabilities left to them by a deceased person, thereby becoming the legal successor to the estate.

Here are some examples illustrating this concept:

• Example 1: Accepting a Specific Bequest

  When Ms. Eleanor passed away, her will stipulated that her antique grandfather clock should go to her grandson, Thomas. After the will was read, the executor contacted Thomas, who promptly informed them that he would be delighted to receive the clock and arranged for its collection. Thomas's clear communication and action to take possession of the clock represent his aditio hereditatis, formally accepting that specific part of his grandmother's inheritance.

• Example 2: Taking Over an Estate with Responsibilities

  Upon the death of his aunt, Robert was named the sole heir to her entire estate, which included a house, a car, and several investment accounts. However, the estate also had outstanding property taxes and a mortgage. Robert decided to accept the inheritance, understanding that he would be responsible for settling these debts. His decision to proceed with the probate process, sign the necessary documents to transfer ownership, and begin managing the estate's finances constitutes his aditio hereditatis, signifying his acceptance of both the assets and the associated obligations.

• Example 3: Inheriting a Family Business

  After his father's sudden passing, Michael was designated in the will as the heir to the family's construction company. The company was a going concern with employees, ongoing projects, and existing contracts. Michael, after careful consideration, decided to step in and take over the management and ownership of the business. His actions—registering as the new owner, reviewing company finances, and continuing operations—demonstrate his aditio hereditatis, as he formally accepted the inheritance of the business, including its assets, goodwill, and liabilities.