Legal Definitions - heredes remotiores

Heredes remotiores

This Latin term refers to individuals who are designated as heirs in a will or by law, but who are not the deceased person's direct children or grandchildren. They are considered "more remote" in the line of succession compared to immediate descendants.

Here are some examples:

• Example 1: Sarah passes away without any children or grandchildren. In her will, she specifies that her entire estate should be divided equally between her two sisters, Emily and Jessica.

  Explanation: In this scenario, Emily and Jessica are the heredes remotiores. They are not Sarah's direct descendants (children or grandchildren) but are inheriting her estate as specified in her will, making them more remote heirs.

• Example 2: John dies without a will, and he has no living spouse, children, grandchildren, or parents. According to the laws of intestacy (dying without a valid will) in his state, his estate is distributed to his four nieces and nephews.

  Explanation: John's nieces and nephews are considered heredes remotiores. They are not his direct descendants but inherit his property because there are no closer relatives in the line of succession as defined by law.

• Example 3: A wealthy individual, Mr. Henderson, creates a complex will. He stipulates that if his children and grandchildren all predecease him, then his estate should be distributed to a specific charitable foundation and his favorite cousin, Mark.

  Explanation: While the charitable foundation is a different type of beneficiary, Mark, the cousin, is an example of a heredes remotiores. He is not a direct descendant and would only inherit under the specific condition that all closer heirs are no longer alive, placing him further down the line of succession.