Legal Definitions - prospective heir

A prospective heir is an individual who is expected to inherit property, assets, or a title from another person, but only after that person's death. At the current time, the person from whom they might inherit is still alive, meaning the inheritance is not yet certain and could change. The term "prospective" emphasizes that their status as an heir is potential and future-oriented, not current or guaranteed. Their right to inherit is not fixed until the death of the person whose estate they might inherit from.

Here are some examples to illustrate the concept of a prospective heir:

• Example 1: A Child and Their Living Parent

  Sarah is the only child of her elderly mother, Eleanor. Eleanor owns a house and has significant savings. Sarah is a prospective heir to Eleanor's estate. This is because while Sarah is likely to inherit from her mother, the inheritance will only materialize upon Eleanor's death. Until then, Eleanor could decide to sell her house, spend all her savings, or even change her will to include other beneficiaries. Sarah's inheritance is not guaranteed until Eleanor passes away.

• Example 2: A Beneficiary Named in a Current Will

  Mark's aunt, Patricia, has a will that explicitly states Mark will inherit a significant portion of her art collection. Mark is a prospective heir to that art collection. Although he is named in the will, Patricia is still alive and has the legal right to revise her will at any time. She could amend it to remove Mark as a beneficiary, change the specific items he would receive, or even create a new will entirely. His inheritance is not fixed until Patricia's death, at which point the final version of her will would dictate the distribution of her estate.

• Example 3: A Spouse Under Intestacy Laws

  David is married to Emily, who has not created a will. Under the laws of their state, a surviving spouse is typically the primary heir if their partner dies without a will (intestate). Therefore, David is a prospective heir to Emily's estate. However, Emily could still decide to draft a will that names other beneficiaries, or their marital status could change (e.g., through divorce), which would alter or eliminate David's future inheritance rights. His status as an heir is contingent on Emily's death and the legal circumstances at that time.