Collateral Descendant Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Collateral Descendant, written in plain English, along with examples of how it is used.
What is Collateral Descendant?
It refers to a relation formed by the descendents of brothers and sisters of the ancestor of the family.
History and Meaning of Collateral Descendant
Collateral Descendant refers to a familial relationship created through the descendants of the siblings of the ancestor of the family. In other words, it includes the descendants of the siblings and their children, and so on. This term is relevant when it comes to inheritance laws and determining an individual's share in the assets of an ancestor's estate.
Examples of Collateral Descendant
Here are a few examples of how Collateral Descendant can be used in different contexts:
- John's grandfather had two siblings, a brother, and a sister. John's father is the son of the sister, while his cousin is the child of the brother. In this scenario, John and his cousin are collateral descendants.
- A particular region's inheritance laws may dictate that if an individual does not have any direct descendants, then their estate will be distributed among their collateral descendants.
- When drafting a will or trust, an individual may specify that their estate will be distributed equally among their direct descendants and their collateral descendants.
Legal Terms Similar to Collateral Descendant
Here are a few related terms to Collateral Descendant:
- Lineal Descendant - refers to a familial relationship created through direct descendants such as children, grandchildren, great-grandchildren, and so on.
- Consanguinity - refers to the degree of relationship between two individuals who share a common ancestor.
- Affinity - refers to the degree of relationship between an individual and their spouse's relatives.
- Next of kin - refers to the abovementioned relatives who would have the legal right to inherit the assets of an individual who dies intestate (without a will).