The word "pretermitted heir" refers to a person who is unintentionally left out of a will. The spelling of this word can be broken down into phonetic transcription using the International Phonetic Alphabet (IPA). It is pronounced as /ˈpriːtərmɪtɪd ˈheə/, with the first syllable being stressed. The "pre-" prefix means "before" and "termitted" means "omitted" or "left out". Overall, the term "pretermitted heir" is important in estate planning and legal matters to ensure that all intended beneficiaries are included in a will or estate plan.
A pretermitted heir refers to an individual who, by virtue of a certain legal situation or oversight, is unintentionally not included in a decedent's will. In the context of estate planning and inheritance law, this term signifies an heir who will become entitled to a share of the decedent's estate, despite not being mentioned or provided for in the will.
A pretermitted heir is typically someone who was born or adopted after the decedent created their will and, as a result, was not considered or accounted for during the testator's lifetime. Consequently, the pretermitted heir may be entitled to inherit a portion of the estate, which would have been their rightful share if the decedent had included them as an identified beneficiary in the will.
The legal recognition of pretermitted heirs aims to prevent any unjust disinheritance resulting from oversights or changes in family circumstances that occurred after the creation of the will. By affording pretermitted heirs the right to claim their equitable distribution, the law seeks to ensure fairness and prevent unintentional exclusion.
It is important to note that the laws regarding pretermitted heirs may vary between jurisdictions, so it is advisable to consult with a qualified attorney or legal professional to understand the rights and implications specific to a particular jurisdiction. Additionally, because estate planning can significantly impact the distribution of one's assets, it is crucial to periodically review and update one's will to accommodate any changes in family structure or ensure the inclusion of all intended heirs.
The term "pretermitted heir" comes from the field of law, specifically estate law.
"Pretermitted" is derived from the Latin word "prae" meaning "before" and "termitto" meaning "I leave out or omit". In this context, "pretermitted" refers to someone or something that has been left out or overlooked.
"Heir" is from the Old French word "heiroir" which ultimately derives from the Latin word "heres" meaning "heir" or "successor".
Therefore, a "pretermitted heir" refers to an individual who has been unintentionally or accidentally omitted from a will or estate plan. This term is used to describe a person who is entitled to inherit from someone who has deceased, but was not included in their will.