Legal Definitions - dual inheritance

Dual inheritance refers to a situation where an individual receives assets, property, or rights from two distinct sources or through two separate legal mechanisms. This means the inheritance isn't just a single transfer of wealth but involves two separate processes or origins for the assets received.

• Example 1: Inheritance from Two Different Individuals

  A woman named Clara inherits a significant sum of money and a house from her deceased mother's estate. Several years later, her estranged biological father passes away. Because he had no other heirs and no will, Clara is identified as his next of kin and inherits his remaining assets through the laws of intestacy.

  This illustrates dual inheritance because Clara receives assets from two entirely separate individuals (her mother and her father), each involving a distinct legal process for settling their respective estates.

• Example 2: Inheritance Through a Will and Intestacy Laws

  Mark's aunt passes away. The aunt's will specifies that Mark is to receive a valuable collection of antique books. However, the will does not mention a separate vacation property the aunt owned. Under the laws of the state, assets not covered by a will are distributed according to intestacy rules, and Mark, as a close relative, is entitled to a share of that vacation property.

  Mark's situation is a dual inheritance because he receives assets from his aunt through two different legal pathways: the antique books via the specific instructions in the aunt's will, and a share of the vacation property via the state's intestacy laws (which govern distribution when a will doesn't cover all assets).

• Example 3: Inheritance Through a Will and a Trust

  Sophia's grandfather passes away. In his will, the grandfather bequeaths his entire stamp collection to Sophia. Separately, the grandfather had established a revocable living trust years prior, naming Sophia as the beneficiary of a substantial investment portfolio held within the trust. Upon the grandfather's death, the assets in the trust automatically transfer to Sophia according to the trust's terms, outside of the probate process for the will.

  This is a dual inheritance because Sophia receives assets from her grandfather through two distinct legal instruments and processes: the stamp collection is inherited through the will and goes through probate, while the investment portfolio is inherited directly through the terms of the trust agreement, which operates independently of the will and probate.