The term “riens per descent” is a legal phrase that signifies “nothing by descent.” It was employed in earlier times when an heir faced a lawsuit regarding their predecessor’s debt, despite not inheriting any property or assets from them. Essentially, the heir argued that they should not be held accountable for the debt since they did not receive anything from their predecessor.
Riens per descent, also known as “nothing by descent,” is a legal phrase originating from Law French. It pertains to the defence used by an heir who is being sued for the debts of their ancestor, despite not inheriting any land or assets from them. For instance, if John’s father passed away leaving behind substantial debts, and John is the sole heir who did not receive any property or assets, he can employ the plea of riens per descent to argue against being held accountable for his father’s debts. This legal term serves as a safeguard for heirs who did not inherit any assets, ensuring that they are not unjustly burdened with their ancestor’s financial obligations. It guarantees that only those who actually received something from the deceased are held responsible for their debts.
Riens Per Descent is a legal term that refers to the right of inheritance by blood relatives when there is no valid will or other legal document specifying the distribution of assets.
Under Riens Per Descent, the closest blood relatives of the deceased are entitled to inherit. This typically includes children, parents, siblings, and other close relatives.
Yes, if the deceased has a valid will, it will take precedence over Riens Per Descent. The will can specify how the assets should be distributed, even if it goes against the default inheritance rules.
If there are multiple eligible heirs, the assets will be divided among them according to the laws of intestate succession, which vary depending on the jurisdiction.
Yes, Riens Per Descent can be challenged in court if there are valid grounds to believe that the inheritance should be distributed differently. This may include proving that the deceased was not of sound mind when making the will or that there was undue influence involved.
Stepchildren are generally not entitled to inherit under Riens Per Descent unless they have been legally adopted by the deceased or there are specific provisions in the will that include them.
Yes, creating a trust can help avoid Riens Per Descent. By transferring assets into a trust and specifying the beneficiaries, the assets can be distributed according to the terms of the trust rather than default inheritance laws.
If there are no eligible blood relatives, the assets may escheat to the state, meaning they become the property of the government.
Yes, Riens Per Descent applies to all assets, including personal belongings and real estate, unless there are specific legal provisions that dictate otherwise.
To ensure your assets are distributed according to your wishes, it is important to create a valid will or establish a trust. Consulting with an estate planning attorney can help you navigate the legal requirements and ensure your wishes are properly documented.
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: 16th April 2024.
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