Legal Definitions - root

In civil law, a root refers to a direct descendant of an individual. This term is primarily used in matters of inheritance or family lineage to identify who is entitled to receive property or rights through their ancestry.

Here are some examples to illustrate this concept:

• Example 1: Inheritance Through a Will

  Imagine a will that states, "Should my primary beneficiary, John Smith, predecease me, his share shall pass to his roots." If John Smith has passed away, his children, grandchildren, or other direct descendants would be considered his "roots" and would inherit the designated share according to the will's instructions and applicable law.

• Example 2: Distribution of an Estate Without a Will (Intestacy)

  When a person dies without a valid will (known as dying intestate), the laws of the jurisdiction dictate how their estate is distributed. These laws often prioritize the deceased's "roots." For instance, if a person dies with no spouse but three living children, those children are considered the primary "roots" and would typically inherit equal shares of the estate.

• Example 3: Establishing Lineage for a Legal Claim

  Consider a situation where a trust fund was established generations ago for the benefit of the original founder's direct descendants. To make a claim on this fund, an individual would need to legally prove they are a "root" of the founder, meaning they can demonstrate a direct, unbroken line of descent from the original individual who established the trust.