Legal Definitions - canon of inheritance

A canon of inheritance refers to the established legal rules that dictate how a deceased person's property, assets, and sometimes debts are distributed when they die without a valid will. These rules, often set by state or national law, provide a default plan for the orderly transfer of an estate, prioritizing certain relatives over others. Essentially, if someone passes away "intestate" (without a will), these canons determine who inherits what, and in what order.

• Example 1: Distribution to Spouse and Children

  Imagine a man named Arthur passes away suddenly without having created a will. He leaves behind his wife, Brenda, and their two adult children, Carol and David. According to the jurisdiction's canons of inheritance, Brenda, as the surviving spouse, might receive a certain percentage or a specific share of Arthur's estate, with the remaining portion divided equally between Carol and David, his direct descendants. This illustrates how the legal canons provide a clear framework for distributing assets to the immediate family when no will exists.

• Example 2: Inheritance by Siblings When No Direct Descendants or Spouse Exist

  Consider a woman named Eleanor who was unmarried and had no children. Both of her parents had passed away years ago. When Eleanor dies without a will, the canons of inheritance in her state would typically look to her next closest relatives. In this scenario, if she has two living siblings, Frank and Grace, the canons would likely dictate that her estate be divided equally between them. This demonstrates how the rules of inheritance establish a hierarchy of beneficiaries, moving through the family tree until eligible heirs are identified.

• Example 3: Property Reverting to the State (Escheat)

  Suppose an elderly individual, Mr. Henderson, passes away without a will. He was a recluse and, despite extensive efforts by authorities, no living relatives—no spouse, children, parents, siblings, or even distant cousins—can be found. In such a rare case, the canons of inheritance typically include a final rule known as "escheat." This rule dictates that if no legal heirs can be identified according to the established order of priority, Mr. Henderson's property and assets would revert to the state. This example highlights the comprehensive nature of inheritance canons, providing a resolution even when no private individual can inherit, ensuring property does not remain ownerless indefinitely.