Legal Definitions - collateral descent

Collateral Descent refers to the legal process by which property or an estate is inherited by individuals who are related to the deceased through a common ancestor, but are not direct ancestors (like parents or grandparents) or direct descendants (like children or grandchildren). Instead, they are on a "side branch" of the family tree, such as siblings, aunts, uncles, or cousins.

Here are some examples to illustrate collateral descent:

• Example 1: Inheritance by Siblings

  Sarah passes away without a spouse, children, or living parents. Her closest living relatives are her two brothers, Mark and David. According to the laws of inheritance in her jurisdiction, Sarah's entire estate is divided equally between Mark and David. This is an instance of collateral descent because Mark and David are related to Sarah through their common parents, but they are not her direct ancestors or descendants.

• Example 2: Inheritance by Aunts and Uncles

  Michael, a young man, dies unexpectedly without a spouse, children, parents, or siblings. His only living relatives are his mother's sister, Aunt Carol, and his father's brother, Uncle Robert. In this scenario, Michael's estate might pass to Aunt Carol and Uncle Robert. This demonstrates collateral descent because Carol and Robert are related to Michael through his parents (their siblings), placing them on a collateral line of inheritance.

• Example 3: Inheritance by Cousins

  Eleanor dies at an advanced age, having never married and having no children, parents, or siblings. Her closest living relatives are her first cousins, Lisa and Tom, who are the children of her deceased aunt. Under the applicable inheritance laws, Eleanor's estate is distributed to Lisa and Tom. This is another example of collateral descent, as Lisa and Tom share a common set of grandparents with Eleanor, but they are not in her direct line of ancestry or descendancy.