Legal heirs have the right to inherit titles and estates under primogeniture systems. Heirs presumptive are likely to inherit but can be displaced. Absolute primogeniture ignores gender. Disputes over inheritance were common historically, but today, hereditary titles are mostly ceremonial.
A legal heir is someone who has the right to inherit as long as he survives someone, assuming there are no extreme extenuating circumstances. This term is most commonly used to refer to hereditary titles, which operate in complex systems of inheritance. A related term, “heir presumptive,” refers to someone who is likely to inherit if someone dies, but could be displaced at any time.
Inherited titles are generally passed down under the primogeniture system. In this system, the firstborn inherits everything. By convention, primogeniture was historically limited to sons, meaning that if a king and queen had four daughters followed by only one son, for example, the son would be heir apparent despite being younger than his sisters. Several nations have chosen to move to a system of absolute primogeniture, where inheritance laws ignore gender.
The legal heir is the person entitled to the title according to the laws of primogeniture. In a nation with absolute primogeniture, this would be the first child of the title-holding couple. If a couple were childless, they might have heirs presumptive in the form of siblings and children of siblings, as well as among more distant relatives. These heirs could be usurped by a legitimate heir and, in some regions, the law even required a waiting period to determine whether or not widows were pregnant before relinquishing the titles to the heirs presumptive. If a widow was pregnant, her child would be heir apparent, and such women sometimes acted as regents to hold a title until their children came of age.
In addition to inheriting the title, the legal heir also inherits the estate. By convention, it is common for people to make arrangements in life to ensure that other siblings are expected, and once a hereditary heir inherits a title, they may also make arrangements regarding siblings and other relatives. However, a title and property holder may choose to disinherit someone without providing for their welfare.
Historically, disputes over the inheritance of titles could get extremely bitter. Most of today’s nations that retain hereditary titles and nobility use these titles primarily in a ceremonial manner. Historically, members of the nobility, especially the monarch, had absolute power and as a result the competition to inherit was fierce. The people were not above killing to put themselves in a stronger position to inherit the throne. Being the heir apparent could actually be quite dangerous as many potential heirs presumptive would have a strong interest in eliminating the competition.
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