Legal Definitions - heredes proximi et remotiores

heredes proximi et remotiores

This Latin phrase, historically used in legal contexts, translates to "heirs nearer and more remote." It refers to the legal principle of distinguishing between different categories of potential heirs based on their degree of relationship or proximity to the deceased person. This concept is fundamental to understanding how inheritance and succession were historically structured, particularly in legal systems influenced by Roman law, where a hierarchy of heirs determined who would inherit property.

Here are some examples to illustrate this concept:

• Example 1: A Will with Contingent Beneficiaries

  Imagine a person, Mr. Henderson, drafts a will stating that his entire estate should go to his children. However, the will also includes a clause: "If any of my children predecease me, their share shall pass to their own children (my grandchildren) in equal parts. If there are no surviving children or grandchildren, then my estate shall pass to my siblings."

  How it illustrates the term: In this scenario, Mr. Henderson's children are the heredes proximi – the primary, nearer heirs. His grandchildren are the next tier, becoming heirs only if their parent (Mr. Henderson's child) cannot inherit. His siblings are the heredes remotiores – more remote heirs who would only inherit if both the children and grandchildren are unable to do so. This demonstrates a clear hierarchy based on closeness of relationship and contingency.

• Example 2: Intestacy Laws (Dying Without a Will)

  Consider a situation where Ms. Davies passes away without leaving a valid will. According to the laws of intestacy in her jurisdiction, her assets are distributed first to her surviving spouse and children. If she has no spouse or children, the assets would then go to her parents. If her parents are also deceased, the assets would then be distributed among her siblings.

  How it illustrates the term: Under these intestacy laws, Ms. Davies's spouse and children are the heredes proximi, as they are the first in line to inherit. Her parents represent a more remote class of heirs, inheriting only if the primary heirs are absent. Her siblings are even further down the line, representing the heredes remotiores, inheriting only if the closer relatives cannot.

• Example 3: A Family Trust with Successive Beneficiaries

  A wealthy individual establishes a trust fund designed to provide for their immediate family. The trust document specifies that the income from the trust should first benefit their spouse during their lifetime. Upon the spouse's death, the income is to be distributed equally among their living children. If all children have passed away, the remaining trust assets are then to be distributed to a designated charity.

  How it illustrates the term: Here, the spouse is the most immediate beneficiary, akin to a heres proximus for the trust's benefits. The children are the next tier of beneficiaries, becoming active only after the spouse's passing. The charity, receiving the assets only if the spouse and all children are no longer able to benefit, represents the heredes remotiores in this succession plan for the trust's assets.