Heir Apparent - Heir Apparent Versus Heir Presumptive

Heir Apparent Versus Heir Presumptive

In a hereditary system governed by some form of primogeniture, an heir apparent is easily identifiable as the person whose position as first in the line of succession is secure, regardless of future births. An heir presumptive, by contrast, can always be "bumped down" in the succession by the birth of somebody more closely related in a legal sense (according to that form of primogeniture) to the current title-holder.

The clearest example occurs in the case of a title-holder with no children. If at any time they produce children, they (the offspring of the title-holder) rank ahead of whatever more "distant" relative (the title-holder's sibling, perhaps, or a nephew or cousin) previously was heir presumptive.

Many legal systems assume childbirth is always possible, regardless of age or health. The possibility of a fertile octogenarian, though slim in reality, is never ruled out. In such circumstances a person may be, in a practical sense, the heir apparent but still, legally speaking, heir presumptive.

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