Legal Definitions - jus haereditatis

Jus haereditatis

Jus haereditatis (pronounced "yoos her-eh-dee-TAH-tis") is a Latin legal term that refers to the fundamental right of inheritance. It signifies an individual's legal entitlement to receive property, assets, or a share of an estate from a deceased person, either because they are named in a valid will or because they are designated as an heir by law (in cases where there is no will). This right establishes a claim to the deceased's legacy.

Here are some examples illustrating the concept of jus haereditatis:

• Example 1: Inheritance through a Will

  After her grandmother passed away, Sarah discovered she was named in the will to inherit a specific piece of antique jewelry and a portion of the residual estate.

  How this illustrates the term: Sarah's legal claim to receive the jewelry and the share of the estate, as explicitly stated in her grandmother's will, represents her jus haereditatis. The will formally establishes her right to inherit those specific assets.

• Example 2: Inheritance by Law (Intestacy)

  Mark's brother, David, died suddenly without leaving a will. Under the laws of their state, siblings are entitled to inherit a share of an estate if there is no surviving spouse or children.

  How this illustrates the term: Even without a will, Mark possesses a jus haereditatis because state law grants him the legal right to inherit a portion of his deceased brother's estate. This right arises directly from the legal framework governing inheritance when no will exists.

• Example 3: Challenging an Estate Distribution

  A distant relative, Elena, believes she has a stronger claim to a deceased wealthy aunt's estate than the individuals currently designated as heirs in a contested will. She initiates legal proceedings to assert her entitlement.

  How this illustrates the term: Elena is attempting to establish or enforce her perceived jus haereditatis. She is asserting her legal right to inherit, even if it means challenging an existing will or the default legal distribution, believing she has a valid claim to the inheritance.