Simple English definitions for legal terms
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Term: HEREDS PROXIMI ET REMOTIORES
Definition: Heredes proximi et remotiores refers to the closest and furthest heirs of a deceased person. When someone dies, their property and possessions are passed down to their heirs. The closest heirs are usually their immediate family members, such as their spouse and children. However, if there are no immediate family members, the inheritance may go to more distant relatives, such as cousins or even second cousins. These more distant relatives are known as the remote heirs.
HEREDS PROXIMI ET REMOTIORES
Heirs nearer and more remote.
This Latin term refers to the legal concept of inheritance, where the closest relatives of a deceased person are considered the primary heirs, while more distant relatives are considered secondary heirs.
For example, if a person dies without a will, their estate will be distributed to their heirs according to the laws of intestacy. In most cases, the deceased person's spouse and children are considered the heredes proximi, or closest heirs, and will inherit the majority of the estate. However, if the deceased person has no living spouse or children, their estate may pass to more distant relatives, such as siblings or cousins, who are considered the heredes remotiores, or more remote heirs.
Another example of heredes proximi et remotiores can be seen in the context of feudal inheritance. In medieval Europe, when a lord died without a male heir, his estate would pass to his closest male relative, such as a brother or nephew. If there were no close male relatives, the estate would pass to more distant male relatives, such as cousins or uncles, who were considered the heredes remotiores.
These examples illustrate how the concept of heredes proximi et remotiores has been used throughout history to determine the rightful heirs of a deceased person's estate or title.