HEIR

one who succeeds to the property of a person dying without a will or who is legally entitled to succeed by right of descent or relationship. In most jurisdictions, statutes of descent determine transfer of title to property if there is no will naming the legatee. In English common law, originally an heir was one who inherited real estate; next of kin inherited personal property. With important exceptions (titles of nobility, etc.) statutory law has all but abolished the distinction. One may be either heir apparent or heir presumptive during the lifetime of the property holder. The heir apparent is one whose right to inherit is indefeasible as long as he or she outlives the property holder. The heir presumptive is one whose right may be defeated by the birth of a nearer heir. In Sweden, the eldest child of the sovereign is heir apparent to the crown. In Great Britain, the heir apparent of the sovereign is the eldest son. If there are no sons, the eldest daughter is heiress presumptive unless there is no possibility of the birth of a brother to replace her in the line of descent.