Legal Definitions - fideicommissary heir

Definition: A fideicommissary heir is a beneficiary of property who succeeds the direct (original) heir in Roman and civil law.

Example: In a fideicommissum, the testator (person making the will) leaves property to a direct heir with the condition that the property will pass to a fideicommissary heir after the direct heir's death. For example, a father may leave his property to his son with the condition that the property will pass to his grandson (son's son) after the son's death. In this case, the grandson is the fideicommissary heir.

Explanation: The fideicommissary heir is a beneficiary who succeeds the direct heir in Roman and civil law. In the example given, the grandson is not the direct heir but will inherit the property after the death of the direct heir (son). The fideicommissary heir is a common concept in civil law jurisdictions and is used to ensure that property remains in the family line.