Heir apparent

Heir apparent versus heir presumptive

In a hereditary system governed by some form of primogeniture, an heir apparent is easily identifiable as the person whose position as first in the line of succession is secure, regardless of future births. An heir presumptive, by contrast, can always be "bumped down" in the succession by the birth of somebody more closely related in a legal sense (according to that form of primogeniture) to the current title-holder.

The clearest example occurs in the case of a title-holder with no children. If at any time he or she were to produce children, they (the offspring of the title-holder) rank ahead of whatever more "distant" relative (the title-holder's sibling, perhaps, or a nephew or cousin) had been heir presumptive.

Many legal systems assume childbirth is always possible regardless of age or health. In such circumstances a person may be, in a practical sense, the heir apparent but still, legally speaking, heir presumptive. Indeed, when Queen Victoria succeeded her uncle King William IV, the wording of the proclamation even gave as a caveat:

"...saving the rights of any issue of his late Majesty King William IV, which may be born of his late Majesty's consort."

This provided for the possibility that William's wife, Adelaide of Saxe-Meiningen, was pregnant at the moment of his death, since such a posthumous child, regardless of its sex, would have displaced Victoria from the throne. Adelaide was 44 at the time, so pregnancy was possible even if unlikely.

Daughters in male-preference primogeniture

Daughters (and their lines) may inherit titles that descend according to male-preference primogeniture, but only in default of sons (and their heirs). That is, both female and male offspring have the right to a place somewhere in the order of succession, but when it comes to what that place is, a female will rank behind her brothers regardless of their ages or her age.

Thus, normally, even an only daughter will not be heir apparent, since at any time a brother might be born who, though younger, would assume that position. Hence, she is an heir presumptive. For example, Queen Elizabeth II was heir presumptive during the reign of her father, King George VI, because at any stage up to his death, George could have fathered a legitimate son.

Women as heirs apparent

In a system of absolute primogeniture that disregards gender, female heirs apparent occur. Several European monarchies that have adopted such systems in the last few decades furnish practical examples. Crown Princess Victoria of Sweden, Princess Catharina-Amalia of the Netherlands, and Princess Elisabeth of Belgium are respectively the oldest children of Kings Carl XVI Gustaf, Willem-Alexander, and Philippe and are their heirs apparent. Princess Ingrid Alexandra of Norway is heir apparent to her father (who is heir apparent to the Norwegian throne), and Victoria herself has a female heir apparent in her oldest child, Princess Estelle. Victoria was not heir apparent from birth (in 1977), but gained the status in 1980 following a change in the Swedish Act of Succession. Her younger brother Carl Philip (born 1979) was thus heir apparent for a few months.

In 2015, pursuant to the 2011 Perth Agreement, the Commonwealth realms changed the rules of succession to the 16 thrones of Elizabeth II to absolute primogeniture, except for male heirs born before the Perth Agreement. The effects are not likely to be felt for many years; the first two heirs at the time of the agreement (Charles, Prince of Wales and his son Prince William, Duke of Cambridge) were already eldest born children, and in 2013, William's first-born son Prince George of Cambridge became the next apparent successor.

But even in legal systems that apply male-preference primogeniture, female heirs apparent are by no means impossible: if a male heir apparent dies leaving no sons but at least one daughter, then the eldest daughter would replace her father as heir apparent to whatever throne or title is concerned, but only when it has become clear that the widow of the deceased is not pregnant. Then, as the representative of her father's line she would assume a place ahead of any more distant relatives. Such a situation has not to date occurred with the English or British throne; several times an heir apparent has died, but each example has either been childless or left a son or sons. However, there have been several female heirs apparent to British peerages (e.g., Frances Ward, 6th Baroness Dudley, and Henrietta Wentworth, 6th Baroness Wentworth).

In one special case, however, England and Scotland had a female heir apparent. The Revolution settlement that established William and Mary as joint monarchs in 1689 only gave the power to continue the succession through issue to Mary II, eldest daughter of the previous king, James II. William, by contrast, was to reign for life only, and his (hypothetical) children by a wife other than Mary would be placed in his original place (as Mary's first cousin) in the line of succession – after Mary's younger sister Anne. Thus, although after Mary's death William continued to reign, he had no power to beget direct heirs, and Anne became the heir apparent for the remainder of William's reign. She eventually succeeded him as Queen of England, Scotland and Ireland.

Displacement of heirs apparent

The position of an heir apparent is normally unshakable: it can be assumed they will inherit. Sometimes, however, extraordinary events—such as the death or the deposition of the parent—intervene.

People who lost heir apparent status

Parliament deposed James Francis Edward Stuart, the infant son of King James II & VII (of England and Scotland respectively) whom James II was raising as a Catholic, as the King's legal heir apparent—declaring that James had, de facto, abdicated— and offered the throne to James II's oldest daughter, the young prince's much older Protestant half-sister, Mary (along with her husband, Prince William of Orange). When the exiled King James died in 1701, his Jacobite supporters proclaimed the exiled Prince James Francis Edward as King James III of England and James VIII of Scotland; but neither he nor his descendants were ever successful in their bids for the throne.

Crown Prince Gustav (later known as Gustav, Prince of Vasa), son of Gustav IV Adolf of Sweden, lost his place when his father was deposed and replaced by Gustav IV Adolf's aged uncle, the Duke Carl, who became Charles XIII of Sweden in 1809. The aged King Charles XIII did not have surviving sons, and Prince Gustav was the only living male of the whole dynasty (besides his deposed father), but the prince was never regarded as heir of Charles XIII, although there were factions in the Riksdag and elsewhere in Sweden who desired to preserve him, and, in the subsequent constitutional elections, supported his election as his great-uncle's successor. Instead, the government proceeded to have a new crown prince elected (which was the proper constitutional action, if no male heir was left in the dynasty), and the Riksdag elected first August, Prince of Augustenborg, and then, after his death, the Prince of Ponte Corvo (Marshal Jean-Baptiste Bernadotte).

Prince Carl Philip of Sweden, at his birth in 1979, was heir apparent to the throne of Sweden. A year later a change in that country's succession laws instituted absolute primogeniture, and Carl Philip was supplanted as heir apparent by his elder sister Victoria.

Muqrin bin Abdulaziz became Crown Prince of Saudi Arabia in January 2015 upon the death of his half-brother King Abdullah bin Abdulaziz Al Saud and the accession of another half-brother, Salman bin Abdulaziz Al Saud, to the Saudi throne. In April of that year, Salman removed Muqrin as Crown Prince, replacing him with their nephew Muhammad bin Nayef.

Breaching legal qualification of heirs apparent

In some jurisdictions, an heir apparent can automatically lose that status by breaching certain constitutional rules. Today, for example:

a British heir apparent would lose this status if he or she became a Catholic. This is the only religion-based restriction on the heir-apparent. Previously, marrying a Catholic also equated to losing this status, however, in October 2011, the governments of the 16 Commonwealth realms —of which Queen Elizabeth II is monarch— agreed to remove the restriction on marriage to a Catholic. All of the Commonwealth realms subsequently passed legislation to implement the change, which fully took effect in March 2015.

a Swedish Crown Prince or Crown Princess would lose heir apparent status, according to the Act of Succession, if they marry without approval of the monarch and the Government, abandoned the "pure Evangelical faith", or accepted another throne without the approval of the Riksdag.

a Dutch Prince or Princess of Orange would lose status as heir to the throne if he or she married without the approval of the States-General, or simply renounced the right.

a Spanish Prince or Princess of Asturias would lose status if he or she married against the express prohibition of the monarch or the Cortes.

a Belgian Duke or Duchess of Brabant would lose heir apparent status if he or she married without the consent of the monarch, or became monarch of another country.

a Danish Crown Prince or Princess would lose status if he or she married without the permission of the monarch. When the monarch grants permission for a dynast to enter marriage, he/she may set conditions that must be met for the dynast and/or his/her children to gain/maintain a place in the line of succession; this also applies for Crown Princes/Princesses.