Advowson: The Legal Right to Nominate Clergy in Ecclesiastical Law

Q: Who can hold an advowson?

An advowson can be held by individuals or organizations, known as patrons.

Q: What happens if a patron does not act on their advowson?

If the patron does not nominate a candidate within six months, the right lapses, and the bishop may appoint someone else.

Definition & Meaning

Advowson is a legal term that refers to the right of a person or entity to nominate a candidate for a vacant church position, known as a benefice. This right is often held by a patron, who can be an individual or a corporation. When a benefice becomes vacant, the patron has the authority to present a nominee to the bishop for approval. The bishop is generally required to accept the nomination unless there are valid reasons to reject it. This concept has historical roots in ecclesiastical law, particularly in medieval England, where advowsons were treated as property that could be sold or passed down through inheritance.

Table of content

Legal Use & context

Advowson is primarily used in ecclesiastical law, which governs church-related matters. It is relevant in contexts such as:

Nominating clergy for church positions
Property law concerning church rights
Inheritance and estate planning related to church benefices

Users may find legal forms related to the nomination process or the transfer of advowsons through platforms like US Legal Forms, which provide templates drafted by legal professionals.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A local parish church is vacant after the previous clergyman retires. The church's patron nominates a qualified candidate to the bishop, who then reviews the nomination for approval.

Example 2: A family inherits an advowson as part of an estate. They decide to sell the advowson to another church organization looking to appoint a new clergyman. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State	Details
California	Advowsons are recognized, but the process for appointing clergy may involve additional state regulations.
New York	Similar to California, but with specific requirements for documentation during the nomination process.
Texas	Advowsons can be transferred, but the state has unique laws governing church property.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition
Benefice	A church office that comes with a salary or income.
Patronage	The support or influence of a patron in appointing clergy.
Advowee	The person nominated to hold the church office.

Common misunderstandings

What to do if this term applies to you

If you are a patron with an advowson, ensure you understand your rights and responsibilities regarding nominations. If you need to nominate a candidate, consider using legal templates available through US Legal Forms to streamline the process. If your situation is complex or involves disputes, consulting a legal professional is advisable.

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Quick facts

Advowson refers to the right to nominate clergy for church positions.
Patrons must act within six months of a vacancy to retain their rights.
Advowsons can be bought, sold, or inherited.
The bishop's approval is generally required for nominations.

Key takeaways

Frequently asked questions

What is an advowson?

An advowson is the legal right to nominate a person to a vacant church benefice.