Irregular succession refers to a unique method of property or rights inheritance that deviates from the conventional approach. Typically, upon someone’s death, their property and rights are transferred to their family members in accordance with the law. However, in certain cases, specific laws grant certain individuals or the government the authority to inherit instead. This is known as irregular succession, distinct from regular succession where property and rights are inherited by family members as per legal provisions.
Irregular succession refers to a form of succession where specific individuals or the state are favored by special laws, instead of the usual heirs according to the laws of descent. This implies that the assets or rights of a deceased person can be transferred to someone who is not a direct heir but is favored by the law. For instance, in certain situations, the state may inherit the assets of an individual who passes away without any known heirs, which is known as a vacant succession. Another example is when a person leaves a will that designates a particular individual to inherit their assets, rather than their closest relatives. These examples demonstrate how irregular succession can lead to the transfer of assets or rights to individuals who may not have been anticipated to inherit them under normal circumstances.
Irregular succession refers to the process of inheriting property or assets without following the traditional rules of succession outlined in a will or by law.
Irregular succession occurs when there is no valid will in place, or when the will is deemed invalid due to various reasons such as fraud, coercion, or lack of mental capacity of the testator.
In irregular succession, the heirs are typically determined based on their relationship to the deceased. Spouses, children, parents, and siblings are often considered potential heirs, depending on the jurisdiction’s laws.
The distribution of property in irregular succession varies depending on the jurisdiction. In some cases, it may be divided equally among the eligible heirs, while in others, it may be distributed based on a predetermined hierarchy of relationships.
Yes, it is possible for someone to be excluded from irregular succession. For example, if a child has been legally disowned or if a spouse has been divorced and not provided for in the will, they may be excluded from inheriting.
Yes, irregular succession can be challenged in court if there are valid grounds to believe that the distribution of assets is unfair or if there are allegations of fraud, undue influence, or lack of mental capacity of the deceased.
The time limit to contest irregular succession varies depending on the jurisdiction. It is advisable to consult with a lawyer to determine the specific time frame within which you can challenge the succession.
Yes, irregular succession can be avoided by creating a valid will that clearly outlines your wishes for the distribution of your assets after your death. Regularly reviewing and updating your will can also help prevent irregular succession.
If there are no eligible heirs in irregular succession, the property may escheat to the state or government, meaning it becomes the property of the state.
In some jurisdictions, it is possible to disinherit someone in irregular succession by explicitly stating your intention to exclude them from inheriting in a valid will. However, laws regarding disinheritance vary, so it is important to consult with a lawyer to ensure compliance with local regulations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/irregular-succession/
- Modern Language Association (MLA):Irregular Succession. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/irregular-succession/.
- Chicago Manual of Style (CMS):Irregular Succession. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/irregular-succession/ (accessed: May 09 2024).
- American Psychological Association (APA):Irregular Succession. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/irregular-succession/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts