Jus Representationis: The Right of Heirs in Property Succession
Definition & Meaning
Jus representationis refers to the right of representation in inheritance law. It allows heirs to inherit property from a deceased person in a way that reflects the deceased's intended distribution. Specifically, this principle enables descendants of a deceased individual to receive the same share of an estate that their ancestor would have received had they been alive. This right is particularly relevant when the deceased's direct descendants, such as children or grandchildren, are involved.
Legal Use & context
This term is primarily used in probate and estate planning law. It plays a crucial role in determining how an estate is divided among heirs after someone passes away. Understanding jus representationis is essential for family law practitioners, estate planners, and individuals involved in the inheritance process. Users can manage some aspects of estate planning through legal templates available from US Legal Forms, which can help simplify the documentation process.
Real-world examples
Here are a couple of examples of abatement:
For instance, if a grandfather passes away and has three children, but one child predeceased him, that child's children (the grandchildren) can inherit their parent's share of the estate. This ensures that the deceased child's descendants receive a portion of the estate, reflecting the grandfather's intent.
(Hypothetical example) If a woman dies leaving behind two sons, and one son has children, the children of the deceased son would inherit their father's share of the estate through jus representationis.