Worthier Title Doctrine

A Common Law rule that provides that a conveyance of real property by a grantor to another person for life with a limitation to the grantor's heirs creates a reversion in the grantor by which his or her heirs acquire the property only upon the death of the grantor, not upon the death of the person who has been granted the property for life.

The worthier title doctrine comes from English feudal real Property Law and is based on the presumption that a title by descent (land inherited by an heir) is worthier (better) than a title by conveyance (purchase.) If a grantor or a testator attempts to convey a future interest in land to the grantor's heirs, the heirs would be getting by conveyance what they would otherwise take by descent, making the conveyance void.

For example, A deeds Blackacre to B for life, and then to the heirs of A. The effect of the doctrine is that A has a reversion (a future interest remaining with A in the property), while B has a life estate. The words to the heirs of A are words of limitation, which are required under the worthier title doctrine. If the heirs acquire the property at all, it is only after the death of the owner. If the heirs had a remainder interest in the property, they would acquire it after the death of B, the grantee with the life estate, regardless of whether A, the grantor, was alive or dead. The deed or will would have to contain language such as "to B for life and to C, D, E, (the heirs) in fee."

The worthier title doctrine has been abolished in many states by the Uniform Probate Code, § 2-710. Where the doctrine has been abolished, language in a governing instrument describing the beneficiaries of a disposition as the transferor's heirs, heirs at law, next of kin, distributees, relatives, or family, or language of similar import, does not create a reversionary interest in the transferor. In effect, the reversion interest is eliminated and the heirs receive their unrestricted remainder interest in the property.

worthier title doctrine

(1) At common law, if a testator devised (left by will) exactly the same interest in land that an heir would take by descent (laws applicable when there wasn't a will), then the heir would be considered as having taken title by descent rather than devise. Descent was considered the worthier title. The doctrine has its roots in English feudal law and certain rights that passed by land if it were inherited, but not if it were gained “by purchase,” which included “by will.”Today, most states have overruled this portion of the doctrine or ignored it as irrelevant. It does still sometimes arise in the context of adverse possession and calculation of holding periods.(2) A second portion of the doctrine is called the inter vivos branch;it is still alive and well,although rarely encountered because it is a somewhat exotic theory.This branch holds that a gift by A to a trust for A's lifetime, with the property then given to A's heirs after A's death, is a gift to A's heirs by the worthier title of descent rather than by a lifetime gift. The practical implications are that the heirs have no rights to anything until A dies, so that if an heir has creditors, there is nothing for the creditors to seize until A dies. If it were not for the doctrine, A's heirs would have a remainder interest during A's lifetime, which would be subject to seizure by creditors.

单词	worthier title doctrine
释义	Worthier Title Doctrine Worthier Title Doctrine A Common Law rule that provides that a conveyance of real property by a grantor to another person for life with a limitation to the grantor's heirs creates a reversion in the grantor by which his or her heirs acquire the property only upon the death of the grantor, not upon the death of the person who has been granted the property for life. The worthier title doctrine comes from English feudal real Property Law and is based on the presumption that a title by descent (land inherited by an heir) is worthier (better) than a title by conveyance (purchase.) If a grantor or a testator attempts to convey a future interest in land to the grantor's heirs, the heirs would be getting by conveyance what they would otherwise take by descent, making the conveyance void. For example, A deeds Blackacre to B for life, and then to the heirs of A. The effect of the doctrine is that A has a reversion (a future interest remaining with A in the property), while B has a life estate. The words to the heirs of A are words of limitation, which are required under the worthier title doctrine. If the heirs acquire the property at all, it is only after the death of the owner. If the heirs had a remainder interest in the property, they would acquire it after the death of B, the grantee with the life estate, regardless of whether A, the grantor, was alive or dead. The deed or will would have to contain language such as "to B for life and to C, D, E, (the heirs) in fee." The worthier title doctrine has been abolished in many states by the Uniform Probate Code, § 2-710. Where the doctrine has been abolished, language in a governing instrument describing the beneficiaries of a disposition as the transferor's heirs, heirs at law, next of kin, distributees, relatives, or family, or language of similar import, does not create a reversionary interest in the transferor. In effect, the reversion interest is eliminated and the heirs receive their unrestricted remainder interest in the property. worthier title doctrine worthier title doctrine (1) At common law, if a testator devised (left by will) exactly the same interest in land that an heir would take by descent (laws applicable when there wasn't a will), then the heir would be considered as having taken title by descent rather than devise. Descent was considered the worthier title. The doctrine has its roots in English feudal law and certain rights that passed by land if it were inherited, but not if it were gained “by purchase,” which included “by will.”Today, most states have overruled this portion of the doctrine or ignored it as irrelevant. It does still sometimes arise in the context of adverse possession and calculation of holding periods.(2) A second portion of the doctrine is called the inter vivos branch;it is still alive and well,although rarely encountered because it is a somewhat exotic theory.This branch holds that a gift by A to a trust for A's lifetime, with the property then given to A's heirs after A's death, is a gift to A's heirs by the worthier title of descent rather than by a lifetime gift. The practical implications are that the heirs have no rights to anything until A dies, so that if an heir has creditors, there is nothing for the creditors to seize until A dies. If it were not for the doctrine, A's heirs would have a remainder interest during A's lifetime, which would be subject to seizure by creditors.
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