Also known as: expectancies · expectant · expectant interest · expectant estate · expectant heir · future interest · estate in expectancy
Written by attorneys · grounded in primary & secondary sources — see below
A mere hope or expectation of acquiring property in the future, most commonly by inheritance or devise from a living person. An expectancy confers no present property interest and cannot be transferred for consideration.
Ewan Eckhart learns that his elderly father plans to leave the family farm to him. Before the father's death, Ewan attempts to sell his expected share to a neighbor for cash. The neighbor refuses, correctly recognizing that Ewan holds only an expectancy with no present interest that can be conveyed.
Edith Eberhardt's father executes a will leaving his estate to her. After a relative persuades the father through fraud to execute a new will disinheriting Edith, she sues. The court recognizes her claim because the original will gave her only an expectancy, yet the fraud still caused actionable harm.
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Ethan Evans learns his aunt intends to devise waterfront land to him. Before her death he improves a pond expecting sole ownership. When the government asserts public rights, the court holds that Ethan held only an expectancy with no protected interest until the devise took effect.
Eva Espinosa learns her uncle plans to leave her a business. Before his death she contracts to sell her expected interest. The court refuses enforcement, holding that she possessed only an expectancy that could not be transferred for consideration.
Eileen Epstein's father is in a vegetative state. Her brother seeks to block withdrawal of care, claiming an expectancy in future inheritance. The court rejects the argument, noting that any such expectancy confers no present interest during the father's life.
Edgar Evers learns his mother intends to devise the family home to him. After her death is delayed by another's wrongful act, he sues. The court allows recovery for the lost expectancy of inheritance that would have occurred upon her passing.
No. An expectancy is merely a hope of future acquisition by inheritance or devise. Because the decedent may freely dispose of the property during life or by will, the heir apparent holds no present interest that can be assigned or sold.
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A remainder or reversion is a present future interest in property that is alienable and protected by law. An expectancy is only the possibility that an heir will take on intestacy or under a will. It creates no estate until the decedent dies.
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Yes, in limited circumstances such as when fraud or undue influence prevents execution of a will that would have benefited the claimant. Recovery is allowed even though the claimant held only an expectancy, because the tortious conduct caused the loss of that expectation.
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No. The Restatement treats an heir's expectancy as lacking the incidents of ownership that attach to remainders or reversions, so it receives none of the procedural protections or alienability rights granted to actual future estates.
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…Court stressed that the analytic framework adopted in Conroy was limited to elderly, incompetent patients with shortened life expectancies, and established alternative approaches to deal with a different set of situations. See In re Farrell , 108 N. J. 335, 529 A. 2d 404 (1987) (37-year-old competent mother with terminal…