Define: Fee Tail

Fee tail, also known as an entail, is a legal concept that restricts the inheritance of property to a specific line of descendants. It ensures that the property remains within the family bloodline and cannot be sold or transferred outside of it.

Fee simple is the most common form of property ownership, where the owner has complete control and can sell or transfer the property as they wish. In contrast, fee tail limits the owner’s ability to transfer the property outside of their line of descendants.

In most jurisdictions, fee tail cannot be created today. Many countries have abolished or severely restricted the creation of fee tail, as it is seen as an outdated and restrictive form of property ownership.

If there are no eligible lineal descendants to inherit the property in fee tail, the property may revert back to the original grantor or their heirs, depending on the specific terms of the fee tail arrangement.

In some jurisdictions, fee tail can be converted to fee simple through a legal process known as “breaking the entail.” This typically requires the consent of all parties involved and may involve court approval.

In jurisdictions where fee tail still exists, it may be possible to terminate it through legal means such as a court order or by mutual agreement among the parties involved. However, the specific laws governing fee tail termination vary depending on the jurisdiction.

Fee tail can help preserve family wealth and property within a specific bloodline, ensuring its continuity for future generations. It can also provide a sense of security and stability for the descendants who inherit the property.

Fee tail can be seen as restrictive and inflexible, as it limits the owner’s ability to freely transfer or sell the property. It can also create complexities in estate planning and may lead to disputes among family members.

Yes, there are alternative legal arrangements that can achieve similar objectives, such as creating a trust or establishing a family limited partnership. These options provide more flexibility and control over the property while still allowing for the preservation of family wealth.

No, fee tail is not recognized in all jurisdictions. Many countries have abolished or restricted its use, considering it an outdated and overly restrictive form of property ownership. It is important to consult local laws and regulations to determine the status of fee tail in a specific jurisdiction.