Legal Definitions - shifting inheritance

Definition: Shifting inheritance refers to an inheritance that is transferred from an heir who was living when the person who passed away (intestate) died to an afterborn heir who is more closely related to the intestate.

Example: Let's say that John passed away without a will. He had two children, Tom and Sarah. Tom had a child named Jack, and Sarah had a child named Emily. When John passed away, Tom was still alive, but Emily was not yet born. Later, Emily was born, and Sarah passed away. In this case, Emily would receive a portion of John's estate that would have gone to Sarah if she were still alive. This is an example of shifting inheritance.

This type of inheritance can be complicated and can lead to disputes among family members. It is important to have a clear and updated will to avoid any confusion or conflicts.