Collateral descent refers to the transfer of property from a common ancestor to relatives who are not in a direct line, such as cousins or siblings. This is distinct from direct-line descent, which involves the transfer of property from a parent to a child or from a grandparent to a grandchild. Mediate descent occurs when property is transferred through an intermediary, such as a grandmother passing property to her granddaughter through the granddaughter’s mother. Paternal-line descent involves the transfer of property through the father’s side of the family, while maternal-line descent involves the transfer of property through the mother’s side of the family.
Collateral descent is the inheritance of property from a common ancestor through non-direct relatives, like cousins or siblings. This is distinct from direct-line descent, where property is passed from parent to child or grandparent to grandchild. For instance, if someone dies without a will and has no children, their property may pass to their siblings or cousins through collateral descent. This means that the relatives are connected to the deceased person through a common ancestor, such as a grandparent or great-grandparent. Another example of collateral descent is when a person inherits property from their cousin, who inherited it from their shared grandparent. In this case, the two cousins are related through a common ancestor, but not through a direct line of descent.
Collateral descent refers to the relationship between two individuals who share a common ancestor, but are not directly descended from one another.
Direct descent refers to the relationship between a parent and child, or grandparent and grandchild. Collateral descent refers to the relationship between two individuals who share a common ancestor, but are not directly descended from one another.
An example of collateral descent would be the relationship between two cousins who share a common grandparent.
Collateral descent can affect inheritance if there are no direct descendants of the deceased. In this case, the deceased’s property may be distributed to their collateral relatives.
Collateral relatives may inherit property if there are no direct descendants, or if the deceased has specified in their will that they want their property to go to their collateral relatives.
The degree of collateral descent is determined by counting the number of generations between the common ancestor and each individual.
Collateral relatives may be able to contest a will if they believe that the deceased was not of sound mind when they made the will, or if they believe that the will was made under duress or coercion.
A collateral relative is a relative who is not directly descended from the deceased, but shares a common ancestor. An heir is a person who is entitled to inherit the deceased’s property under the law or a will.
Collateral relatives can be appointed as executors of a will if they are named in the will or if they are appointed by a court.
You can consult with a lawyer who specializes in inheritance law or research the laws in your state or country.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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