MrThickRopes
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Simple English definitions for legal terms
fideicommissary heir
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A quick definition of fideicommissary heir:
A fideicommissary heir is someone who inherits property from a direct heir. In simpler terms, if someone passes away and leaves property to their child, but that child has passed away, the child's child (grandchild of the deceased) would be the fideicommissary heir. It's like inheriting something from your grandparent because your parent passed away before they could inherit it.A more thorough explanation:
Definition: A fideicommissary heir is a beneficiary of property who succeeds the direct (original) heir in Roman and civil law.
Example: In a fideicommissum, the testator (person making the will) leaves property to a direct heir with the condition that the property will pass to a fideicommissary heir after the direct heir's death. For example, a father may leave his property to his son with the condition that the property will pass to his grandson (son's son) after the son's death. In this case, the grandson is the fideicommissary heir.
Explanation: The fideicommissary heir is a beneficiary who succeeds the direct heir in Roman and civil law. In the example given, the grandson is not the direct heir but will inherit the property after the death of the direct heir (son). The fideicommissary heir is a common concept in civil law jurisdictions and is used to ensure that property remains in the family line.