Legal Definitions - irregular succession

Irregular succession refers to a transfer of property, title, or rights that does not follow the standard, legally established, or anticipated order or method. It occurs when the usual rules of inheritance, corporate governance, or legal transfer are disrupted or bypassed due to specific circumstances, legal challenges, or unique provisions, leading to a deviation from the expected line of succession.

Here are a few examples to illustrate this concept:

• Property Inheritance with Undisclosed Heirs: Imagine a person dies without a will (intestate) in a jurisdiction where the law dictates their estate should be divided equally between their surviving spouse and two adult children. This would be the regular succession. However, during the probate process, it is legally proven that the deceased had a third, previously undisclosed child from a prior relationship. A court, recognizing this new heir, orders the estate to be redistributed among the spouse and all three children. This deviation from the initial, expected distribution pattern constitutes an irregular succession because the standard rules were altered by the discovery of an additional, legitimate claimant.

• Corporate Leadership Bypass: A large technology company's corporate bylaws clearly state that if the CEO is incapacitated, the Chief Operating Officer (COO) will automatically assume the role of interim CEO. This is the regular line of succession. However, after the CEO suffers a sudden illness, the board of directors discovers that the COO is currently under investigation for financial misconduct. To protect the company's reputation and ensure stable leadership, the board votes to appoint the Chief Financial Officer (CFO) as interim CEO instead, bypassing the COO. This decision creates an irregular succession because it deviates from the established corporate governance rules due to unforeseen circumstances.

• Hereditary Title with a Disqualified Heir: Consider a historical family estate with a hereditary title that traditionally passes to the eldest son. The current holder of the title has an eldest son who, due to a severe and legally recognized mental incapacity, is deemed unable to manage the estate or fulfill the duties associated with the title. According to specific provisions within the family's ancient trust documents, in such a case, the title and estate pass to the next eligible male relative, which is the current holder's younger brother. This transfer represents an irregular succession because it deviates from the primary heir due to a specific disqualifying condition, altering the usual order of inheritance.