Expectancy, in property and estate law, refers to a non-vested anticipation of receiving property in the future, such as the possible inheritance of an heir apparent. Because an expectancy depends on a future event, such as the death of the property owner, it is not a p…
A guide to expectancy
Some courts, however, allow a person to release or relinquish an expectancy interest in advance. In Ware v. Crowell, 465 S.E.2d 809 (1996), the Court held that an heir apparent may release an expectancy right if the release is supported by valuable consideration and made in good faith, free from fraud, oppression, or undue influence. In that case, the court enforced the release because the heir knowingly and voluntarily relinquished the potential inheritance in exchange for consideration.
Outside the context of estates, expectancy can also refer to the anticipated continuation of a business or economic relationship, which can be protected when it is tortiously interfered with.
Why expectancy is relevant in U.S. law
expectancy appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
When and how expectancy applies
In practice, expectancy is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.