Legal Definitions - autre droit

Autre droit is a legal phrase originating from Law French that translates to "in the right of another." It describes a situation where an individual or entity holds a legal right, property, or power, not for their own personal benefit or ownership, but solely for the benefit or on behalf of someone else. The holder acts as a steward or representative, with duties and obligations to the true beneficiary.

Here are some examples to illustrate this concept:

• Example 1: Trustee for a Minor's Inheritance
  Imagine a grandparent sets up a trust fund for their grandchild, who is currently 10 years old. The grandparent appoints a trusted family friend as the trustee. The trustee holds the legal title to the assets within the trust (such as stocks, bonds, or real estate) until the grandchild reaches a specified age, like 21. The trustee manages these assets, makes investment decisions, and ensures they grow. All of these actions are taken autre droit—in the right of the grandchild, who is the beneficiary. The trustee cannot use the funds for their own personal expenses or benefit from them directly.

  Explanation: The trustee possesses the legal authority and control over the trust assets, but their actions and the underlying ownership are entirely for the benefit of the grandchild, not for the trustee's personal gain. This clearly demonstrates acting "in the right of another."

• Example 2: Executor of an Estate
  When a person passes away, their will typically names an executor. The executor is legally responsible for gathering all the deceased person's assets, paying any outstanding debts, and then distributing the remaining property to the heirs as specified in the will. While the executor has significant legal authority to manage and transfer these assets, they do so autre droit—in the right of the deceased's estate and its beneficiaries. The executor does not personally own the assets of the estate; their role is to administer them according to the deceased's wishes and legal requirements.

  Explanation: The executor exercises legal power over the estate's assets, but this power is not for their personal ownership or benefit. Instead, it is exercised on behalf of the estate and its rightful heirs, illustrating the concept of acting "in the right of another."

• Example 3: Guardian for an Incapacitated Adult
  Suppose an elderly individual becomes incapacitated due to a severe illness and can no longer manage their own financial affairs. A court might appoint a guardian to oversee their assets and make financial decisions on their behalf. The guardian manages bank accounts, pays bills, and handles investments. All these actions are performed autre droit—in the right of the incapacitated person. The guardian is legally obligated to act solely in the best interests of the incapacitated individual and cannot use their assets for personal benefit or make decisions that primarily benefit themselves.

  Explanation: The guardian holds legal authority over the incapacitated person's finances, but this authority is exercised purely for the benefit and in the legal right of the incapacitated individual, not for the guardian's personal ownership or advantage. This is a clear instance of acting "in the right of another."