Question:
Can an illegitimate son inherit titles if the Lord only has legitimate daughters?
?
2018-05-29 22:51:58 UTC
After the lord’s death who would the titles go to? His legitimate daughter or illegitimate son?
Eighteen answers:
anonymous
2018-06-15 13:37:50 UTC
NO that is impossible.

If he has only daughters the title passes to the next legitimate male relation.



If there are no legitimate male relations the Title dies out.
LarsEighner
2018-06-10 20:09:53 UTC
No. Whether the title could pass to the eldest daughter in her own right would depend on the letters patent for the title. The title might go to a younger brother of the deceased or might become extinct.
Clo
2018-05-31 15:38:53 UTC
Generally, no. Legitimacy is a requirement. But, there have been rare occasions where adoption was allowed.
Matthew
2018-05-31 11:51:04 UTC
The New Law was passed a year or 2 ago that gave Girls the same standing as sons with regard to inheriting Titles, this was highlighted when Princess Charlotte was born. So in your case the title would pass to the daughter.
anonymous
2018-05-30 13:47:33 UTC
See my answer to your previous question.



I'll add that if the lord left only an illegitimate son and a legitimate daughter, and if there were no "special remainder" attached to the title and allowing the daughter to inherit, the peerage and everything that went with it would go to a more distant and legitimate male relative, such as a cousin. If there were no eligible male relative, the title would essentially become extinct, though a monarch could recreate it for someone else at some point in the future.
anonymous
2018-05-30 08:13:05 UTC
In most cases the legitimate child inherits, sometimes a lord can make his illegitimate children legitimate, but only in his lifetime.
anonymous
2018-05-30 07:08:01 UTC
Depends what country you're asking about. Different countries have different laws relating to (a) inheritance of noble titles and (b) the rights of illegitimate children in general. In Spain, for example, when a titled person dies the title does not pass automatically to *anyone*; anyone who considers themself the next heir petitions the monarch to re-grant it to them, and if there are competing claims it's up to the monarch to decide. And in France *all* a person's children have equal property inheritance rights, so if a man has an illegitimate child, even one he kept secret from the rest of his family or didn't even know about, after his death that child can claim an equal share of his estate, if they can prove their parentage.



However, in Britain, under the common law an illegitimate child was traditionally considered "filius nullius", which is Latin for "nobody's child", and had no right to any inheritance from *either* of its parents. That meant that if a man wrote in his will that he was leaving property to "my children", that meant only his legitimate children by his lawfully married wife. This harsh law wasn't changed till 1969. Now "my children" is held to include illegitimate children also (unless specifically stated otherwise), and it is understood that illegitimate children have a reasonable claim and expectation of property inheritance. But illegitimate children, and adopted children' are still absolutely excluded from inheriting any title of nobility.



When a British peer dies without a legitimate son to inherit his title, what happens next depends on the terms under which that specific title was granted. (For centuries, titles were granted by the monarch in a document called a 'Letter Patent' which set out the terms of the grant including exactly how it was to be inherited.)



- The vast majority of letters patent simply say 'to his heirs male of the blood', which means that every male descended in the legitimate male bloodline of the original grantee is in the line of succession. So if the current holder dies without a legitimate son, the title goes to his younger brother (or, if that brother is already dead, that brother's son). If there is no younger brother, you go one generation further up to his paternal uncle (or paternal uncle's son/grandson). And so on: the title only dies out when there is nobody at all in the legit male bloodline of the original grantee. But women, or anyone descended through the female line, are specifically excluded.



- If the original grantee had no legitimate sons and didn't look likely to have any, sometimes the letter patent included what is called a "special remainder"; a clause saying that after his death the title could be inherited by his eldest daughter or even (as in the case of Admiral Nelson, who was estranged from his lawful wife and living in sin with Lady Hamilton) his brother. But special remainders are only one-offs; after that first occasion the title obeys normal rules.



- Some British peerages, mostly very old ones, simply go to "heirs of the blood", which means either male or female heirs. But daughters only inherit if there are no sons. And if there is more than one daughter, the rules in Scotland differ from England-and-Wales:



- In Scotland, the eldest daughter gets the title (and any family estate that goes with it) and can pass it to her heirs. Simple.



- But English nobiliary law does not recognise seniority among daughters; if a man has only daughters, they all have an equal claim to share the inheritance. However, two or more people can't share a noble title. What happens in this case is that the title "goes into abeyance" - essentially, it is frozen until all but one of the daughters' bloodlines have died out, leaving only one claimant. This can take a very long time: one or two medieval peerages only came out of abeyance in the 20th century. (This is why it's mostly only Scottish peerages that allow inheritance by daughters; English peerages are generally restricted to "heirs male" simply because abeyance is such a headache.)
?
2018-05-30 02:17:26 UTC
A very few peerages allow daughters to inherit. ZERO allow illegitimate sons to inherit. You go back to the previous titleholder and find his nearest male line male relative.
laughter_every_day
2018-05-29 23:03:16 UTC
It might just possibly depend on what nation interests you.
?
2018-05-29 22:52:33 UTC
No
?
2018-06-03 06:12:26 UTC
No illegitimate child (not even a son) can EVER inherit any titles from his father. The title ALWAYS goes to his legitimate child.
Bouan Philippe
2018-05-31 14:49:55 UTC
Sir Prince Kenny is not a real title, since the bastard is illegitimate.
Verulam 1
2018-05-30 09:29:31 UTC
In general terms, unless a son or daughter is legitimate, titles, money etc. only pass to an illegitimate son or daughter if specifically mentioned in a Will or other official acknowledgement of that illegitimate offspring by the 'Lord'.
anonymous
2018-05-30 07:29:16 UTC
Not in the UK. If there is no legitimate heir a title cannot be 'willed' to anyone else; it will expire.



Some peerages can pass on the female side by special permission of the Sovereign

eg the Countess of Burma and the Duchess of Marlborough.



Note that the rules for inheritance of the Crown has been changed so that the eldest child inherits regardless of gender. But that does not change the laws of succession for titles generally.
anonymous
2018-05-30 05:07:57 UTC
Usually the title would go to neither unless, by special remainder, the title is able to be inherited by a legitimate daughter. Illegitimate heirs inherit nothing.
terrorfex01
2018-05-29 23:43:14 UTC
Most likely the legitimate heir will receive the title.
anonymous
2018-05-29 22:58:45 UTC
It depends on the hereditary title and the pertaining laws of whatever kingdom or feudal society you're referring to. It may also depend on whether said lord acknowledged or his bastard or not.
?
2018-05-29 22:54:07 UTC
The titles would transfer to that of the closest acknowledged relative. If he acknowledged the daughter and not the son ( and has no other immediate or near distant blood relatives) the titles would go to the daughter.


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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