The term "haeres factus" refers to an heir who is created or appointed through a will. This type of heir is designated to inherit the entire estate of the person who has passed away, known as the testator. In essence, a haeres factus is a testamentary heir, meaning their status as an heir is established by the instructions laid out in a legal document, typically a will.
Haeres factus is primarily used in the context of estate law. It is relevant in situations involving wills and inheritances, particularly when determining who is entitled to receive property or assets after someone's death. This term is significant in civil law and can be applicable in family law cases where estate distribution is concerned. Users may find legal templates on US Legal Forms useful for drafting wills and other related documents.
Here are a couple of examples of abatement:
Example 1: A person writes a will stating that their friend will inherit their entire estate. In this case, the friend becomes a haeres factus.
Example 2: A woman designates her children as haeres factus in her will, ensuring they inherit her property after her passing. (hypothetical example)
| State | Legal Variations |
|---|---|
| California | Allows for oral wills under specific circumstances. |
| New York | Requires witnesses for a valid will, impacting the creation of haeres factus. |
| Texas | Has unique rules regarding holographic (handwritten) wills. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Haeres factus | An heir created by a will. | Specifically appointed by the testator. |
| Haeres necessarius | An heir by law, typically without a will. | Automatically inherits under intestacy laws. |
| Beneficiary | A person designated to receive benefits from a trust or will. | May not inherit the entire estate; can receive specific assets. |
If you are named as a haeres factus in a will, you should:
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A haeres factus is specifically named as an heir in a will, while a beneficiary may receive specific assets without being an heir.