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Term: praeceptio haereditatis
Definition: Praeceptio haereditatis is a legal term used in Scots law which means taking the inheritance in advance. It is also known as lucrative succession. This title is passive and if the heir incurs it, he becomes liable for his ancestor's debts. It was introduced to prevent an heir from receiving and enjoying a heritable estate under a gratuitous disposition inter vivos from his ancestor, which he would be entitled to succeed on the ancestor's death, and of thus avoiding responsibility for his ancestor's debts and other obligations.