Legal Definitions - spes successionis

Spes successionis refers to a mere expectation or hope of inheriting or receiving a future right or property, without any current legal claim or entitlement. It is an anticipation of a future benefit that is not yet legally secured and can be altered or revoked by the current owner at any time. This concept is distinct from a "contingent right," which is a right that already exists but depends on a specific future event occurring.

• Example 1: Anticipated Inheritance from a Living Relative

  David's elderly uncle, who is quite wealthy, frequently tells David that he plans to leave him a significant portion of his estate. David, in turn, has made life plans based on this expectation. However, the uncle is still alive, has not finalized his will, and has not made any legally binding promises or transfers of property to David. David's expectation of inheriting is a spes successionis. He has a hope, but no current legal right to any of his uncle's assets, and the uncle is free to change his mind or his will at any time.

• Example 2: Hope of Receiving a Specific Family Heirloom

  Maria's grandmother has a valuable antique painting that has been passed down through generations. The grandmother has often told Maria that the painting will be hers someday. While Maria deeply desires to own the painting and expects to receive it, the grandmother has not yet included this specific instruction in her will, nor has she gifted the painting to Maria during her lifetime. Maria's anticipation of receiving the painting is a spes successionis because it is a hope based on a promise, not a legally secured right that she can enforce.

• Example 3: Expectation of a Future Business Interest

  Sarah has worked diligently for a small, privately-owned company for twenty-five years, helping it grow significantly. The owner, who has no children, has often expressed his intention to make Sarah a partner or leave her a controlling interest in the business upon his retirement or passing. Despite these verbal assurances, no formal partnership agreement, trust, or will has been executed to legally guarantee Sarah's future stake in the company. Sarah's expectation of becoming a partner or owner is a spes successionis; she has a strong hope, but no enforceable legal right to the business interest until formal legal arrangements are made.