Coparcenary is the concept whereby two or more people inherit a title equally between them as a result of which none can inherit until all but one have renounced their right to the inheritance. This arises when a title passes through and vests in female heirs in the absence of a male heir. Before they inherit, each of the females heirs would be an heir presumptive An heir presumptive is the person provisionally scheduled to inherit a throne, peerage, or other hereditary honor, but whose position can be displaced by the birth of an heir apparent or of a new heir presumptive with a better claim to the throne. When lowercased, "heir presumptive" can refer generally to someone who is provisionally. After they inherit, since the title cannot be held by two people simultaneously, two daughters (without a brother) who inherit in this way would do so as co-parceners. In these circumstances, the title would in fact be held in abeyance until one of them renounced for herself and her successors in favour of the other. In England & Wales, passage of a title in this fashion is effected under the rules laid down in the Law of Property Act 1925 Acts of Parliament of England to 1601 · 1603–1641 · Interregnum · 1660–1699 · 1700–1706 .
The term coparcenary is not in use in the United States The United States of America is a federal constitutional republic comprising fifty states and a federal district. The country is situated mostly in central North America, where its forty-eight contiguous states and Washington, D.C., the capital district, lie between the Pacific and Atlantic Oceans, bordered by Canada to the north and Mexico to the, joint heirship being considered as tenancy in common.
This article incorporates text from the Encyclopædia Britannica, Eleventh Edition The Encyclopædia Britannica Eleventh Edition is a 29-volume reference work that marked the beginning of the Encyclopædia Britannica's transition from a British to an American publication. Some of its articles were written by the best-known scholars of the day. This edition of the encyclopedia is now in the public domain, but the outdated nature, a publication now in the public domain The public domain is an intellectual property designation for the range of content that is not owned or controlled by anyone. These materials are "public property", and available for anyone to use freely for any purpose. The public domain can be defined in contrast to several forms of intellectual property; the public domain in contrast.
Categories: Inheritance
