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Legal Definitions - entailed

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Definition of entailed

The term entailed describes property, typically real estate, that has been legally restricted so that its ownership can only pass to a specific, predetermined line of heirs. This means the current owner cannot freely sell, mortgage, or bequeath the property to anyone they choose; instead, it must follow the established line of succession, often designed to keep the property within a particular family for generations.

  • Example 1: In the 19th century, a wealthy landowner, Sir Reginald, drafted his will to ensure his ancestral country estate, "Blackwood Manor," remained within his family for centuries. He stipulated that the manor would be entailed, meaning it could only be inherited by his direct male descendants, passing from father to eldest son through each generation. No individual owner in that line could sell or mortgage the property outside of this specific lineage.

    Explanation: This illustrates "entailed" because the property's inheritance is strictly limited to a predetermined line of heirs (the eldest male descendants), preventing any current owner from freely disposing of it as they wish.

  • Example 2: A family establishes a trust for a priceless collection of antique paintings. The trust document specifies that the collection is entailed, dictating that it must always remain within the family's possession and be passed down to the designated head of the family in each generation. It explicitly forbids any individual custodian from selling pieces from the collection or using them as collateral.

    Explanation: Here, the painting collection is "entailed" because its ownership and possession are restricted to a specific line of family members (the designated head of the family) and cannot be freely alienated or sold by the current holder.

Simple Definition

When property is "entailed," its inheritance is legally restricted to a specific line of heirs, often for multiple generations. This means the current owner cannot freely sell or bequeath it outside of those designated successors.

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