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Simple English definitions for legal terms

worthier-title doctrine

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A quick definition of worthier-title doctrine:

The worthier-title doctrine is an old rule that said if someone was going to inherit something anyway, they couldn't also get it through a will. This rule doesn't apply in most places anymore. In property law, the worthier-title doctrine means that if someone gives away property but wants to keep some control over it, the law will assume they meant to keep it for themselves instead of giving it to their heirs.

A more thorough explanation:

The worthier-title doctrine is a legal principle that applies to wills and property. It states that if a beneficiary of a will would receive the same interest as an heir under the laws of intestacy, the person takes the interest as an heir rather than as a beneficiary. This means that if the beneficiary is already entitled to the property, they cannot receive it again through the will.

For example, if a person's will states that their son will inherit their house, but the son is already entitled to the house as the only surviving heir, the worthier-title doctrine would apply. The son would inherit the house as an heir, not as a beneficiary of the will.

In property law, the worthier-title doctrine favors a grantor's intent by construing a grant as a reversion in the grantor instead of as a remainder in the grantor's heirs. This means that if a grantor gives property to someone but intends to keep some interest in it, the grant will be interpreted as a reversion to the grantor instead of a remainder to the grantor's heirs.

For example, if a person grants their property to their friend but intends to keep the right to use it for a certain period of time, the worthier-title doctrine would apply. The grant would be interpreted as a reversion to the grantor, who would retain the right to use the property for the specified period.

worth | worthiest of blood

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