Legal Definitions - immediate descent

Immediate descent refers to the direct line of inheritance or lineage, typically from a parent to a child, a grandparent to a grandchild, and so on. It emphasizes a direct, unbroken chain of ancestry for the purpose of determining who inherits property, a title, or a right, without involving collateral relatives (like siblings, aunts, uncles, or cousins) or skipping generations unless a direct heir is deceased.

Here are some examples to illustrate this concept:

• Example 1: Direct Inheritance from Parent to Child

  A woman passes away, and her will specifies that her entire estate should go to her "immediate descent." She has one adult son and no other children. According to the will, her son is the sole heir.

  Explanation: The son is in the immediate line of descent from his mother. This means he is her direct lineal heir, receiving the inheritance directly from her without any intervening generations or other relatives.

• Example 2: Inheritance Through a Deceased Direct Heir

  A wealthy patriarch's family trust dictates that his assets must pass down through his "immediate descent." His only son passed away several years ago, but the son had two children (the patriarch's grandchildren). When the patriarch dies, the trust's assets are distributed to these two grandchildren.

  Explanation: Although the patriarch's son is deceased, the grandchildren inherit because they are in the immediate line of descent *through* their deceased father from their grandfather. The inheritance follows the direct lineage, not diverting to other relatives like the patriarch's siblings or nieces and nephews.

• Example 3: Restricting Succession to Direct Lineage

  A historical family estate has a deed that stipulates the property must always remain within the "immediate descent" of the original founder. The current owner of the estate has no children but has a brother and several cousins. When the current owner dies, the property cannot pass to his brother or cousins.

  Explanation: Because the current owner has no direct children (who would be his immediate descent), and the deed strictly specifies "immediate descent," the property cannot pass to his brother (who is a collateral relative) or his cousins. This clause ensures that the property only passes down through direct lineal heirs, preventing it from going to other branches of the family.