Legal Definitions - ex jure representationis

Ex jure representationis is a Latin legal phrase meaning "according to the law of representation." This principle describes a situation where an individual inherits a right, property, or position by standing in the place of another person, typically a deceased individual, who would have originally been entitled to it. Essentially, the successor's claim is derived through the rights of the person they are representing.

Here are some examples to illustrate this concept:

• Inheritance in a Will: Imagine a will where a parent leaves their estate to be divided equally between their two children, Sarah and Tom. If Sarah passes away before her parent, leaving behind her own child, Emily, then under the principle of ex jure representationis, Emily would inherit the share that Sarah would have received. Emily is not inheriting directly from her grandparent as a primary heir, but rather *through* her mother Sarah's right of inheritance. This ensures that Sarah's portion of the estate passes to her direct descendant.

• Succession to a Title or Office: Consider a historical system of succession for a noble title or a hereditary office. If the eldest son, who is the direct heir, dies before his father (the current title holder), and that eldest son has a child, then that grandchild would typically succeed to the title upon the grandfather's death. This is an application of ex jure representationis, as the grandchild inherits the right to the title *by representing* their deceased father, who was the rightful heir. Without this principle, the title might pass to a younger sibling of the deceased eldest son, bypassing the grandchild entirely.