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Simple English definitions for legal terms
and his heirs
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A quick definition of and his heirs:
An heir is someone who inherits property from a person who has died. They can be a family member or someone chosen in a will. There are different types of heirs, such as those who inherit real estate or personal property. Some heirs are guaranteed to inherit, while others may only inherit if certain conditions are met. The phrase "and his heirs" used to be required to transfer complete ownership of real estate.A more thorough explanation:
Definition: And his heirs refers to a person who is entitled to receive an intestate decedent's property. It can also refer to a person who inherits real or personal property, whether by will or by intestate succession. In civil law, it refers to a person who succeeds to the rights and occupies the place of, or is entitled to succeed to the estate of, a decedent, whether by an act of the decedent or by operation of law.
Example: A conveys Blackacre to B and his heirs. This phrasing originated in the translation of a Law French phrase used in medieval grants (a lui et a ses heritiers pour toujours “to him and his heirs forever”). This means that B and his heirs have complete ownership of the property.
Explanation: The example illustrates that the phrase "and his heirs" is used to transfer complete ownership of real estate to a person and their heirs. It means that the person and their heirs have the right to possess, use, and dispose of the property as they wish. This phrase is important in property law as it determines the extent of ownership and the rights of the owner and their heirs.