Encyclopedia > Escheat

  Article Content

Escheat

Escheat is the forfeiture of property by operation of law. At common law there were two main ways this could happen.

  • If you were convicted of a felony, in English law, your property was forfeit to the Crown upon conviction. If you were executed for the crime, your heirs were ineligible to inherit it from you. Avoiding this result is the chief import of the passage in Article 3 § 3 of the United States Constitution which states that attainders for treason do not give rise to forfeiture or "corruption of blood."

  • If you have no other heir to receive your property by the laws of intestacy, however they may operate in your locality, any property you leave at death is forfeit to the government. This result can be avoided if the decedent makes a Last Will and Testament.



All Wikipedia text is available under the terms of the GNU Free Documentation License

 
  Search Encyclopedia

Search over one million articles, find something about almost anything!
 
 
  
  Featured Article
Canadian Charter of Rights and Freedoms

... Pierre Trudeau very much wanted it, but many of the provincial leaders did not. Trudeau thus was forced to include the notwithstanding clause to allow provinces to opt out ...

 
 
 
This page was created in 30.2 ms