expectancy

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 present property right and gives the potential heir no enforceable claim during the ancestor’s lifetime. Under common law, an expectancy generally cannot be transferred or assigned because there is no existing interest to convey.

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.

[Last reviewed in November of 2025 by the Wex Definitions Team]

Wex