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Real Property • Future Interests
PROP#026
Legal Definition
The Doctrine of Worthier Title states that a remainder in the grantor's heirs is invalid and, instead, becomes a reversion in the grantor.
Plain English Explanation
DOWT tries to simplify problems that you'll learn about more in other decks (like Wills & Trusts). Put simply, when someone attempts to convey a remainder in land to their own heirs, DOWT says, "Nah, that's not going to happen. Instead, you get your normal reversion." This may seem silly, because who would fight over this? Let's play it out in an example:
Oz conveys Blackacre "to Amy for life, then to my heirs."
Here, Amy has a present interest (life estate) and Oz's future heirs have a future interest (remainder). Under the DOWT, Oz's future heirs lose their remainder and, instead, Oz is given a reversion. This makes it as if Oz had simply conveyed Blackacre "to Amy for life."
The reason this is even something you need to study is because sometimes the people who inherit from a reversion are not the same people who inherit as heirs. As a result, those who stand to gain from it being a remainder would want it to be a remainder, and those who stand to gain from it being a reversion would want it to be a reversion.
The DOWT makes it so, by default, the reversion triumphs. However, if there is evidence that the grantor clearly wanted their heirs to gain, courts will respect that.
Oz conveys Blackacre "to Amy for life, then to my heirs."
Here, Amy has a present interest (life estate) and Oz's future heirs have a future interest (remainder). Under the DOWT, Oz's future heirs lose their remainder and, instead, Oz is given a reversion. This makes it as if Oz had simply conveyed Blackacre "to Amy for life."
The reason this is even something you need to study is because sometimes the people who inherit from a reversion are not the same people who inherit as heirs. As a result, those who stand to gain from it being a remainder would want it to be a remainder, and those who stand to gain from it being a reversion would want it to be a reversion.
The DOWT makes it so, by default, the reversion triumphs. However, if there is evidence that the grantor clearly wanted their heirs to gain, courts will respect that.
Visual Aids
