English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

law, heirs of the body is the principle that certain types of

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...

pass to a descendant of the original holder, recipient or

grantee A grant, in law, is a transfer of property, generally from a person or other entity giving the property (the grantor) to a person or entity receiving the property (the grantee). Historically, a grant was a transfer by deed of that which could not ...

according to a fixed order of

kinship In anthropology, kinship is the web of social relationships that form an important part of the lives of all humans in all societies, although its exact meanings even within this discipline are often debated. Anthropologist Robin Fox says tha ...

. Upon the death of the grantee, a designated

inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officiall ...

such as a parcel of land, a

peerage A peerage is a legal system historically comprising various hereditary titles (and sometimes non-hereditary titles) in a number of countries, and composed of assorted noble ranks. Peerages include: Australia * Australian peers Belgium * Belgi ...

, or a

monarchy A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy), ...

, passes automatically to that living, legitimate, natural descendant of the grantee who is most senior in descent according to

primogeniture Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relativ ...

, males being preferred, however, over their sisters regardless of relative age; and thereafter the property continues to pass to subsequent descendants of the grantee, according to the same formula, upon the death of each subsequent heir.

Baron Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knigh ...

ies created by

writ of summons A writ of summons is a formal document issued by the monarch that enables someone to sit in a Parliament under the United Kingdom's Westminster system. At the beginning of each new Parliament, each person who has established their right to attend ...

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

usually descend to heirs of the body of the grantee, and may thus be inherited by females. By the terms of the

Act of Settlement 1701 The Act of Settlement is an Act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants, which passed in 1701. More specifically, anyone who became a Roman Catholic, or who married one, be ...

and the Acts of Union 1707, the Crown of the

United Kingdom of Great Britain and Northern Ireland The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

descends to heirs of the body of the

Electress Sophia of Hanover Sophia of Hanover (born Princess Sophia of the Palatinate; 14 October 1630 – 8 June 1714) was the Electress of Hanover by marriage to Elector Ernest Augustus and later the heiress presumptive to the thrones of England and Scotland (later Gre ...

who are not

Catholics The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

or married to Catholics, subject to subsequent modification by Parliament (e.g.

His Majesty's Declaration of Abdication Act 1936 His Majesty's Declaration of Abdication Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 3) is the Act of the Parliament of the United Kingdom that recognised and ratified the abdication of King Edward VIII and passed succession to his brother King George VI. ...

and the

Succession to the Crown Act 2013 The Succession to the Crown Act 2013 (c. 20) is an Act of the Parliament of the United Kingdom that altered the laws of succession to the British throne in accordance with the 2011 Perth Agreement. The Act replaced male-preference primogeniture ...

). In

property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prop ...

, a conveyance by the owner O "To A and heirs of the body", without more, creates a

fee tail In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alien ...

for the grantee (A) with a reversion in the grantor (O) should the natural, lawful descendants of the grantee all die out. Each person who inherits according to this formula is considered an heir at law of the grantee. Since the inheritance may not pass to someone who is not a natural, lawful descendant of the grantee, the heir is necessarily also "of the body" of the grantee. Collateral kin, who share some or all of the grantee's ancestry, but do not directly descend from the grantee, may not inherit. When there are no more heirs of the body, the terms of the original grant are expired, and the property becomes extinct (e.g. peerage), or some other criterion for allocating the property to a new possessor must be applied. If the original grant stipulated an alternative formula for succession upon exhaustion of heirs, that formula is immediately applicable. Thus, if a peerage is granted to "heirs of the body of John Smith, failing which, to heirs general", the title would pass to a descendant of John Smith's sibling when all of John Smith's descendants die out. Thus property settled upon someone and the heirs of their body—whether male, female, or generally—will pass to children, grandchildren and so on, but not to nephews of the grantee, his or her sisters, uncles and their descendants. Nor will a limitation in a grant to someone's "heirs" carry the property to collateral heirs in England, since the law presumes that "heirs of the body" are meant though a grant to the grantee and his

heirs male In inheritance, a hereditary successor is a person who inherits an indivisible title or office after the death of the previous title holder. The hereditary line of succession may be limited to heirs of the body, or may pass also to collateral l ...

will. There are other kinds of formulae for inheritance than heirs of the body, such as heirs male,

heirs of the line In inheritance, a hereditary successor is a person who inherits an indivisible title or office after the death of the previous title holder. The hereditary line of succession may be limited to heirs of the body, or may pass also to collateral l ...

, heirs portioners, heirs general, etc.

References

{{reflist Inheritance English law