Nemo Est Heres Viventis: The Legal Principle of No Heir for the Living
Definition & Meaning
The phrase "no one is the heir of a living person" refers to the legal principle that an individual cannot be considered an heir to someone who is still alive. An heir is typically determined only at the time of a person's death. Until that moment, any potential heir may face changes in their status, such as the death of the individual they expect to inherit from or being disinherited. Consequently, a person who is an heir apparent has no legal claim to any property until it is officially passed to them after the death of the owner.
Legal Use & context
This term is commonly used in estate law and inheritance matters. It emphasizes that an heir's rights to inherit property or assets are contingent upon the death of the individual from whom they expect to inherit. This concept is crucial in legal contexts such as wills, trusts, and probate proceedings. Users can manage related legal documents, such as wills and estate plans, using templates from US Legal Forms, which are drafted by qualified attorneys.
Real-world examples
Here are a couple of examples of abatement:
Example 1: John has two children, Alice and Bob. While John is alive, neither Alice nor Bob can claim to be his heir. If John passes away, the estate will be distributed according to his will or state law.
Example 2: Sarah is the designated heir apparent of her grandmother's estate. However, if her grandmother decides to change her will and exclude Sarah, she will have no rights to any inheritance (hypothetical example).