Legal Definitions - a latere

A latere is a Latin term meaning "from the side" or "collaterally." In legal contexts, it historically referred to a type of succession or inheritance that passed to a relative who was not a direct ancestor or descendant (e.g., a child, parent, or grandparent). Instead, the inheritance would go to a "side" branch of the family, such as a sibling, aunt, uncle, or cousin. This is in contrast to "lineal succession," which follows a direct line of descent or ascent.

• Example 1: Estate Inheritance
  A woman, Ms. Chen, passes away without a spouse, children, or living parents. Her will, or the laws of intestacy (dying without a valid will), dictate that her estate should be inherited by her only living sibling, her brother David.

  Explanation: David inherits a latere because he is Ms. Chen's brother, a collateral relative, rather than a direct descendant (like a child) or ascendant (like a parent). The inheritance moves "from the side" of the family tree to a sibling when the direct line is absent.

• Example 2: Royal Succession
  A reigning monarch dies without any legitimate children or grandchildren. According to the established rules of succession for that monarchy, the crown then passes to the monarch's eldest living sister, who is next in line after the direct descendants.

  Explanation: The sister's claim to the throne is considered a latere because she is not a direct descendant of the deceased monarch. Her right to succeed comes from a collateral branch of the royal family, stepping in when the direct lineal succession fails.

• Example 3: Trust Distribution
  A wealthy individual establishes a trust fund primarily for the benefit of their direct grandchildren. However, the trust document includes a contingency clause stating that if all direct grandchildren predecease the trust's termination, the remaining assets will be distributed among the individual's nieces and nephews.

  Explanation: The nieces and nephews would inherit a latere in this scenario because they are not direct descendants (grandchildren) of the person who established the trust. Their claim arises from a collateral relationship (children of the settlor's siblings) when the primary lineal beneficiaries are no longer able to inherit.