Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

As their interests may appear

see atima.

Beneficiary heir

see heir.

Titius haeres esto. Let Titius be my heir

Titius was the Roman counterpart of John Doe.

after-born heir

One born after the death of an intestate from whom the heir is entitled to inherit.

and his heirs.

A term of art formerly required to create a fee simple absolute in transferring real property by will <A conveys Blackacre to B and his heirs>. 0 This phrasing originated in the translation of a Law French phrase used in medieval grants (a lui et a ses heritiers pour toujours "to him and his heirs forever"). See FEE SIMPLE.

apparent heir

see heir apparent under heir.

beneficiary heir

Civil law. An heir who accepts an inheritance but files a benefit of inventory to limit his or her liability for estate debts to the value of the inheritance. - Also termed heir beneficiary. See BENEFIT OF INVENTORY. Cf. unconditional heir.

bodily heir.

See heir of the body under HEIR.

coheir

One of two or more persons to whom an inheritance descends. See HEIR.

coheiress

Hist. A female coheir.

collateral heir

One who is neither a direct descendant nor an ancestor of the decedent, but whose kinship is through a collateral line, such as a brother, sister, uncle, aunt, nephew, niece, or cousin. Cf. lineal heir.

expectant heir

An heir who has a reversionary or remainder interest in property, or a chance of succeeding to it. - Also termed heir expectant. See REVERSION; REMAINDER. Cf. prospective heir.

forced heir

A person whom the testator or donor cannot disinherit because the law reserves part of the estate for that person.

heir

(air). 1. A person who, under the laws of intestacy, is entitled to receive an intestate decedent's property, esp. real property. - Also termed legal heir; heir at law; lawful heir; heir general.

heir apparent

An heir who is certain to inherit unless he or she dies first or is excluded by a valid will. - Also termed apparent heir. Cf. heir presumptive.

heir beneficiary.

See HAYBOTE.

heir by adoption.

A person who has been adopted by (and thus has become an heir to) the deceased. ( By statute in most jurisdictions, an adopted child has the same right of succession to intestate property as a biological child unless the deceased clearly expresses a contrary intention. Jurisdictions differ on whether an adopted child may in addition inherit from his or her natural parents or family.

heir by custom

Hist. In England, a person whose right of inheritance depends on a particular and local custom, such as gavelkind and borough English. See GAVELHIND; BOROUGH ENGLISH.

heir by custom.

See HEIR.

heir by devise

One to whom lands are given by will. heir conventional. Civil law. One who takes a succession because of a contract or settlement entitling him or her to it.

heir by devise.

See HEIR.

heir conventional

See HEIR.

heir expectant

See expectant heir

heir expectant.

See expectant heir under HEIR.

heir general.

See HEIR,

heir in tail

See heir special.

heir in tail.

See heir special under HEIR.

heir male

Hist. The nearest male bloodrelation of a decedent.

heir male.

See HEIR.

heir of the blood.

An heir who succeeds to an estate because of consanguinity with the decedent, either in the ascending or descending line.

heir of the body

A lineal descendant of the decedent, excluding ' a surviving spouse, adopted children, and collateral relations. The term of art heirs of the body was formerly used to create a fee tail <A conveys Blackacre to B and the heirs of his body>. - Also termed bodily heir.

heir of the body.

See HEIR.

heir presumptive

An heir who will inherit if the potential intestate dies immediately, but who may be excluded if another more closely related heir is born. - Also termed presumptive heir. Cf. heir apparent.

heir presumptive.

See HEIR.

heir special

Hist. An heir who receives property according to the nature of the estate held in fee tail. ( Heirs special were said to receive property per formam doni ("by the form of the gift"). - Also termed heir in tail.

heir-hunter.

A person whose business is to track down missing heirs.

heirdom.

The state of being an heir; succession by inheritance.

heirless estate

The property of a person who dies intestate and without heirs. See ESCHEAT.

heirloom.

1. An item of personal property that by local custom, contrary to the usual legal rule, descends to the heir along with the inheritance, instead of passing to the executor or administrator of the last owner; traditional examples are an ancestor's coat of armor, family portraits, title deeds, and keys. ( Blackstone gave a false etymology that many have copied: "The termination, loom, is of Saxon origin; in which language it signifies a limb or member; so that an heirloom is nothing else, but a limb or member of the inheritance." 2 William Blackstone, Commentaries on the Law of England 427 (1766). In fact, loom derives from Old English geloma "utensil," and loom meant "implement, tool." 2. Popularly, a valued possession of great sentimental value passed down through generations within a family.

heirs and assigns.

See HEIR,

heirship.

1. The quality or condition of being an heir. 2. The relation between an ancestor and an heir.

joint heir

1. A coheir. 2. A person who is or will be an heir to both of two designated persons at the death of the survivor of them, the word joint being here applied to the ancestors rather than the heirs.

known heir

An heir who is present to claim an inheritance, the extent of which depends on there being no closer relative.

last heir

Hist. The person - either the lord of the manor or the sovereign - to whom lands come by escheat when there is no lawful heir.

laughing heir

An heir distant enough to feel no grief when a relative dies and leaves a windfall to the heir.

lawful heir

See HEIR.

legal heir

See HEIR (1)

lineal heir

A person who is either an ancestor or a descendant of the decedent, such as a parent or child. Cf. collateral heir.

natural heir

See HEIR.

presumptive heir

See heir presumptive under HEIR.