Legal Definitions - heredes proximi et remotiores

HEREDS PROXIMI ET REMOTIORES

Heirs nearer and more remote.

This Latin term refers to the legal concept of inheritance, where the closest relatives of a deceased person are considered the primary heirs, while more distant relatives are considered secondary heirs.

For example, if a person dies without a will, their estate will be distributed to their heirs according to the laws of intestacy. In most cases, the deceased person's spouse and children are considered the heredes proximi, or closest heirs, and will inherit the majority of the estate. However, if the deceased person has no living spouse or children, their estate may pass to more distant relatives, such as siblings or cousins, who are considered the heredes remotiores, or more remote heirs.

Another example of heredes proximi et remotiores can be seen in the context of feudal inheritance. In medieval Europe, when a lord died without a male heir, his estate would pass to his closest male relative, such as a brother or nephew. If there were no close male relatives, the estate would pass to more distant male relatives, such as cousins or uncles, who were considered the heredes remotiores.

These examples illustrate how the concept of heredes proximi et remotiores has been used throughout history to determine the rightful heirs of a deceased person's estate or title.