Legal Definitions - nephew

A nephew is a legal term primarily referring to the son of a person's brother or sister.

While this is the most common understanding, the term can sometimes be interpreted more broadly, especially in legal documents like wills or trusts. In such cases, it might extend to include:

• The son of a person's brother-in-law or sister-in-law (i.e., the son of a spouse's sibling).
• In very specific circumstances, particularly within a will, it might even be interpreted to include a grandnephew (the grandson of one's sibling).

A half nephew specifically refers to the son of one's half-brother or half-sister.

Historically, the term "nephew" was used more broadly to refer to a grandchild or even any descendant. However, its modern legal and common usage is much more specific, almost exclusively referring to the son of a sibling.

Examples:

• Inheritance in a Will: Sarah, an elderly woman, drafts her will stating, "I leave my entire stamp collection to my nephew, Michael." In this context, Michael is most likely the son of Sarah's brother or sister. If Sarah had a close relationship with the son of her husband's brother (her brother-in-law), and intended for him to receive the collection, the will would ideally specify "my nephew Michael, son of my brother-in-law John" to avoid any ambiguity.

  This illustrates the primary definition of a nephew as a sibling's son, and highlights how specific language might be needed if a broader interpretation (like including an in-law's son) is intended in a legal document.

• Guardianship Petition: Following an unforeseen tragedy, David's sister passes away, leaving behind her young son, Alex. David petitions the court to become Alex's legal guardian. In his petition, David refers to Alex as his nephew.

  Here, Alex is David's nephew by the most direct and common definition: the son of his sister. The court would recognize this clear familial relationship in assessing the guardianship request.

• Trust Fund Beneficiary: A wealthy philanthropist establishes an educational trust fund for "all my nephews and nieces." The trust document specifies that funds are available for college tuition. One of the philanthropist's siblings had a child from a previous marriage (a half-sibling to the philanthropist), and that half-sibling has a son named Ethan.

  Ethan would be considered a "half nephew" to the philanthropist. Unless the trust explicitly excluded half-relatives, Ethan would typically be eligible as a beneficiary under the general provision for "nephews," demonstrating the inclusion of half-siblings' children in such broad terms.