Heir presumptive
Heir Presumptive is the term used in Anglo-American law for a prospective heir if there is a possibility that he or she will be displaced from his or her position by the birth of an heir with higher rights. This is of particular relevance for heirs to the throne or heirs to titles of nobility. The definition also applies to the female form (heiress presumptive).
An heir who does not have this option is known as an heir apparent .
background
The name results from the priority of sons over daughters ( patrilineal primogeniture ) as well as the priority of direct descendants over sidelines. Patrilinearity means that the oldest male child of the testator always inherits his position or title, even if he has older sisters. If there is no son, the eldest daughter takes over the inheritance. If the testator has no children, the inheritance goes to one of his siblings, with brothers again ranking before sisters. If the testator does not have a son, it is assumed that he could father one up to the last minute of his life, no matter how improbable or even biologically impossible this may be. In the event of such a procreation, this son would automatically come first in the line of succession, i.e. before any sisters or other relatives who may be present. In the case of a monarch, this means that only his direct son (or grandson ) receives the official status of heir apparent , since it cannot be assumed that their claim to the throne is final for all other relatives. Any other, potentially non-final, heir is then referred to as a “presumed heir” - “Heir Presumptive”.
"Heirs Presumptive" can occur in monarchies in which male succession to the throne is or was. For example, Caroline of Monaco was Heiress Presumptive until December 10, 2014, as Prince Albert II had no legitimate descendant up to that point. She was replaced as "Heiress Presumptive" by Princess Gabriella , who lost her position two minutes later with the birth of her twin brother Jacques .
Examples from British history
Both daughters of Henry VIII were alternately Heiress Presumptive, until the birth of the male heir, the later Edward VI.
Queen Anne was heiress presumptive of her sister Maria II and her husband Wilhelm III. after they did not father a surviving child. Since Anne did not bear any surviving children herself, the Electress Sophie von Hannover was her probable heir for a long time , as she was Anne's closest Protestant relative. Since Anne just survived the Electress, however, the claim to the throne passed to her son, who ascended the British throne as George I.
Queen Victoria was Heiress Presumptive until her accession to the throne, as it should not officially be ruled out that her uncle and predecessor Wilhelm IV , who had no legitimate children, could have fathered an heir of his own.
However, heir / heiress presumptive was an unofficial term in all of these cases. Formally, the heirs to the throne, who were daughters of the ruling monarch, were simply dubbed “The Princess Mary / Elizabeth / Anne / etc”. Heirs Presumptive, who were not children of the ruling monarch, had no special title at all.
Current regulation in the UK
The formal name was Heiress Presumptive in favor of the current queen. Your father King George VI. had no declared intention to father any other children than Elisabeth and her younger sister . Elisabeth's claim to the throne was therefore beyond question. Nevertheless, they did not want to break with tradition and did not proclaim her the Princess of Wales. However, it seemed inappropriate and out of date to simply refer to the heir to the throne as "The Princess Elizabeth" because of this tradition. Rather, her status as the de facto heir to the throne should also be emphasized in the title. So it was decided that Elisabeth should use the name Heiress Presumptive as an official title. This regulation could also apply as a precedent to future presumptive heirs to the throne, although their occurrence has become extremely unlikely as a result of the introduction of the absolute primogeniture in 2015 and are limited to cases of extinction of the main line.
Peerage and Baronetage
Unlike in the rest of Europe, the holder of a hereditary British title ( peer or baronet ) is only one person at a time. Their spouses and children only use courtesy titles or forms of address.
The patrilineal primogeniture also applies to the succession. Only older titles of the Peerage of Scotland and some old baronies of the Peerage of England (so-called Baronies by writ ) can also be passed on to daughters of the title holder if he has no sons. If a peer does not have a son, the likely title heir is also referred to as heir presumptive. A possible son of the peer, who is referred to as heir apparent, in the case of titles that can be inherited in a female line, also the birth of a daughter, would automatically displace him from his position as title heir.
Individual evidence
- ^ Heir Presumptive Law & Legal Definition . USLegal.com. Retrieved May 19, 2016.
- ^ Heir Apparent Law & Legal Definition . USLegal.com. Retrieved November 2, 2017.
- ↑ Naissances Princières. Princely Palace of Monaco. December 10, 2014. Retrieved December 10, 2014.