coparcenary

Coparcenary is the concept whereby two or more people inherit a title equally between them as a result of which none can inherit until all but one have renounced their right to the inheritance. This arises when a title passes through and vests in female heirs in the absence of a male heir. Before they inherit, each of the females heirs would be an heir presumptive. After they inherit, since the title cannot be held by two people simultaneously, two daughters (without a brother) who inherit in this way would do so as co-parceners. In these circumstances, the title would in fact be held in abeyance until one of them renounced for herself and her successors in favour of the other. In England & Wales, passage of a title in this fashion is effected under the rules laid down in the Law of Property Act 1925.

The term coparcenary is not in use in the United States, joint heirship being considered as tenancy in common.

This article incorporates text from the Encyclopædia Britannica, Eleventh Edition, a publication now in the public domain.