Haeres Natus: The Legal Heir and Its Importance in Estate Law

Definition & Meaning

Haeres natus refers to an heir who is born to inherit by law. This term is used to distinguish between a natural heir and a created heir, known as haeres factus, who is appointed through a will or testament. Essentially, a haeres natus is the individual who would inherit if the deceased had not left a will.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: If a person passes away without a will, their child is considered a haeres natus and will inherit the estate according to state laws of intestacy.

Example 2: A testator specifies in their will that their haeres factus will be the same as their haeres natus, clarifying their intent to ensure there is no ambiguity in inheritance. (hypothetical example)

State-by-state differences

State Inheritance Rules
California Follows community property laws; children are primary heirs.
New York Children inherit equally if no spouse is present.
Texas Children and spouse inherit under intestacy laws.

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

Comparison with related terms

Term Definition
Haeres Natus An heir by birthright, recognized by law.
Haeres Factus An heir appointed through a will or legal document.

What to do if this term applies to you

If you believe you are a haeres natus, it is important to understand your rights to the inheritance. You may want to consult with a legal professional to clarify your position. Additionally, you can explore ready-to-use legal form templates from US Legal Forms to assist you in managing your inheritance matters effectively.

Quick facts

  • Haeres natus is recognized by law as a natural heir.
  • Legal proceedings may be necessary to establish inheritance rights.
  • Understanding state laws is crucial for inheritance matters.

Key takeaways

Frequently asked questions

Haeres natus is a natural heir by birth, while haeres factus is an heir appointed through a will.