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Heir presumptive

From Wikipedia, the free encyclopedia
Monarchical title of inheritance
For the novel by Henry Wade, seeHeir Presumptive (novel).

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Anheir presumptive is the person entitled to inherit a throne, peerage, or other hereditary honour, but whose position can be displaced by the birth of a person with a better claim to the position in question.[1][2] This is in contrast to anheir apparent, whose claim on the position cannot be displaced in this manner.

Overview

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Depending on the rules of the monarchy, the heir presumptive might be the daughter of a monarch ifmales take preference over females and the monarch has no sons, or the senior member of a collateral line if the monarch is childless or the monarch's direct descendants cannot inherit either because

  1. they are daughters andfemales are completely barred from inheriting
  2. the monarch's children areillegitimate, or
  3. some other legal disqualification, such as
    1. being descended from the monarch through amorganatic line or
    2. the descendant's refusal or inability to adopt a religion the monarch is required to profess.

The subsequent birth of a legitimate child to the monarch may displace the former heir presumptive by creating an heir apparent or a more eligible heir presumptive. It is not assumed that the monarch and his or her consort are incapable of producing further children despite age or infirmity; on the day before QueenElizabeth II ascended the throne, her fatherGeorge VI was gravely ill and her mother was 51 years old, but Elizabeth was still the heir presumptive rather than the heir apparent. An heir presumptive's position may not even be secure after they ascend their throne, as aposthumous child of the previous monarch could have a superseding claim. Following the death ofWilliam IV in 1837, he was succeeded by his nieceVictoria. Per theRegency Act 1830, Victoria's accession was only permanent so long as a child of William was not born in the following months to his widow,Adelaide, and the possibility of such an event was also mentioned in Victoria's accession proclamation even though Adelaide was 44 years old and had last been pregnant 17 years earlier. Had a child been born, he or she would have replaced Victoria on the throne.[3][4] Such a situation occurred inSpain in 1885, when KingAlfonso XII died and left behind awidow who was three months pregnant. His five-year-old daughter and heir presumptive,María de las Mercedes, was not declared queen because she would be displaced if a son was born, and instead there was a six-monthinterregnum until the birth of her brotherAlfonso XIII, who assumed the throne as king immediately upon birth. Had the pregnancy been lost or resulted in another daughter, Mercedes would have become queen regnant and been retroactively recognized as such during the interregnum.[5][6]

Heir presumptive, like heir apparent, is not a title or position. Rather, it is a general term for a person who holds a certain place in theorder of succession. In some monarchies, the heir apparent bears,ipso facto, a specific title and rank (e.g., Denmark, Netherlands, United Kingdom), this also sometimes being the case for noble titleholders (e.g., Spain, United Kingdom), but the heir presumptive does not bear that title. In other monarchies (e.g., Monaco, Spain) the first in line to the throne bears a specific title (i.e., "Hereditary Prince/Princess of Monaco", "Prince/Princess of Asturias") by right, regardless of whether she or he is heir apparent or heir presumptive.

Simultaneous heirs presumptive

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Main article:Abeyance

In theEnglish and Welsh common law ofinheritance, there is no seniority between sisters; where there is no son to inherit, any number of daughters share equally. Therefore, certain hereditary titles can have multiple simultaneous heirs presumptive. Since the title cannot be held by two people simultaneously, two daughters (without a brother) who inherit in this way would do so asco-parceners and before they inherit, both would be heirs presumptive. In these circumstances, the title would in fact be held inabeyance until one person represents the claim of both, or the claim is renounced by one or the other for herself and her heirs, or the abeyance is ended by the Crown. There arespecial procedures for handling doubtful or disputed cases.

Past heirs presumptive who did not inherit thrones

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The list is limited to heirs presumptive who did not succeed due to death, abolition of monarchies, or change in succession law.

References

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  1. ^"Heir Presumptive Law & Legal Definition". USLegal.com. Retrieved2012-11-07.
  2. ^"Heir presumptive". Reverso.net. Retrieved2012-11-07.
  3. ^"The primogeniture paradox: the posthumous heir".Royal Central. 2015-10-02. Retrieved2022-05-28.
  4. ^"Page 1581 | Issue 19509, 20 June 1837 | London Gazette | The Gazette".www.thegazette.co.uk. Retrieved2023-07-14.
  5. ^"Can an unborn baby really inherit the British Crown (and what's that got to do with Game of Thrones?)".New Statesman. 2017-09-05. Retrieved2022-05-29.
  6. ^Packard, Jerrold M. (1999-12-23).Victoria's Daughters. St. Martin's Publishing Group.ISBN 978-1-4299-6490-6.
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