Legal Definitions - collateral heir

A collateral heir is an individual who is legally entitled to inherit property or assets from a deceased person, but who is not a direct ancestor (such as a parent or grandparent) or a direct descendant (such as a child or grandchild). Instead, collateral heirs are related through a common ancestor, typically from a "side branch" of the family tree. Common examples include siblings, aunts, uncles, nieces, nephews, and cousins.

• Example 1: Siblings Inheriting

  Imagine a situation where David passes away. He was never married, had no children, and both of his parents had already died. David has a sister, Lisa, who is still alive. Under the laws of intestacy (dying without a will), Lisa would likely inherit David's estate.

  This illustrates a collateral heir because Lisa is David's sister, not his parent or child. They share common parents, making her a relative from a collateral line of descent.

• Example 2: Nieces and Nephews as Heirs

  Consider Sarah, who dies without a spouse, children, or living parents. She had one brother, Mark, who passed away several years before her. Mark, however, had two children, Alex and Brenda. In many jurisdictions, if there are no closer heirs, Alex and Brenda would inherit Sarah's estate.

  Alex and Brenda are Sarah's niece and nephew, respectively. They are not her direct descendants or ancestors but are related through her brother (a common ancestor). Therefore, they are considered collateral heirs.

• Example 3: An Aunt Inheriting

  Suppose Michael dies, having never married and with no children. His parents are also deceased, and he was an only child. His closest living relative is his mother's sister, Aunt Carol.

  Aunt Carol is not Michael's direct ancestor or descendant. She is related to Michael through his mother (her sister), making her a collateral relative. In the absence of closer heirs, Aunt Carol would be a collateral heir to Michael's estate.