Legal Definitions - taker

A taker is a person who receives property through a will, power of appointment, or intestate succession. There are different types of takers:

• First taker: A person who receives an estate that is subject to a remainder or executory devise.
• Presumptive taker: A person who would take under the applicable provisions if the takers were to be finally ascertained at the present moment.
• Taker in default: A person who will receive property not effectively appointed; especially, a person designated by a donor to receive property under a power of appointment if the donee fails to exercise that power.

An example of a taker is a person who inherits a house from their deceased relative's will. Another example is a person who receives a gift from a donor under a power of appointment because the donee failed to exercise that power.

For instance, if a person's grandfather leaves them a house in his will, that person is a taker of the property. Similarly, if a donor designates a person to receive property under a power of appointment, and the donee fails to exercise that power, the designated person becomes a taker in default.