The term “fee tail” refers to a legal concept that is used to restrict the transfer or hereditary ownership of an estate. A fee tail is a legal interest in an estate that can only be inherited or passed on to a specific person, usually the firstborn child. This legal structure is used to ensure that the estate remains intact and is not fragmented through multiple parties.
A fee tail can be imposed through the terms of an entailment—a trust, bequest, or will. The fee tail can also be established by statute, in which case it is known as a fee tail of common right. Upon the death of the holder of the fee tail, the specified individual will inherit the estate.
What Are Some Examples of Fee Tail?
The concept of fee tail (sometimes referred to as fee-taille) is prominent in historical British law. In the present, fee tail is used mainly to restrict the transfer of ownership of real estate or land. This legal concept is often used to ensure that the estate remains with a single family, usually in the form of a bequest or trust.
In many countries, including the United States, fee tail laws have been abolished. However, some states still allow it in certain instances. For example, some states allow fee tail to be imposed upon estates through an entailment.
The Benefits of Fee Tail
The primary benefit of fee tail is that it provides certainty about the succession of the estate to a single heir or to a specific line of heirs. This is especially useful in situations where a single owner desires to maintain control of the estate and transfer it to a specific individual. It also ensures that an estate remains intact and undivided, preventing it from being fragmented among various heirs.
Fee tail also helps to preserve the property rights of the original owner, since those rights are transferred to the heir. This ensures that the property is used in accordance with the wishes of the original owner, which can be important in preserving its value and ensuring its continued use.
Understanding Fee Tail in the Modern World
In many countries, the concept of fee tail has been abolished in favor of more flexible laws. However, in those countries where fee tail is still recognized, it is an important legal concept that can provide certainty and protection to an estate. Those who are considering an estate transfer should familiarize themselves with the rules and regulations surrounding fee tail to ensure that their estate is protected in the best way possible.