The principle of representation in our inheritance laws can be confusing when trying to determine the order of inheritance. The effect of this principle is to put the representative in the place, degree, and rights of the person represented. Representation means that one generation can stand in the place of a prior generation. Representation can go on forever in the direct line of descendants, those born after the deceased. However, Representation does not take place in favor of ascendants, those born before the deceased.

For example, Grandpa Jones dies leaving one living son and grandchildren of his predeceased daughter. These grandchildren of the predeceased daughter take the place, degree, and rights of their Mother and inherit from their grandfather. The living son inherits ½ of the estate and the grandsons inherit their mother's ½. Therefore each grandson gets 1/4 of their grandfather's estate. The grandsons are in the direct line of descendants from their grandfather.

Let's look at Charlie's story. Charlie was an only child who never married, had no children, nor adopted a child. Charlie's parents and grandparents predeceased him. Charlie had no siblings, nor nieces or nephews. He is survived by one aunt and one uncle. This aunt and uncle are the only surviving siblings of his pre-deceased Mother and none of his Father's siblings are living at the time of Charlie's death. Charlie has no will, who will inherit his sizeable estate?

Louisiana Civil Code Article 895, states that " If the deceased leaves neither descendants, nor brothers, sisters or descendants from them, nor parents, nor spouse not judicially separated, nor other ascendants, his other collaterals succeed to his separate property. Among the collateral relations, the nearest in degree excludes all the others. If there are several in the same degree, they take equally and by heads."

A degree simply means a generation. According to the Louisiana Civil Code Article 901,"The series of degrees forms the line. The direct line is the series of degrees between persons who descend one from another. The collateral line is the series of degrees between persons who do not descend one from another, but who descend from a common ancestor.

In the direct line, the number of degrees is equal to the number of generations between the heir and the deceased. In the collateral line, the number of degrees is equal to the number of generations between heir and the common ancestor, plus the number of generations between the common ancestor and the deceased. " (La CC Art. 901)

In the direct line from a Great Grandfather to a Grandfather to a Father to the deceased is 3 generations or 3 degrees. However, in the collateral line, one must total the generations from the one to inherit to the common ancestor, and from the common ancestor to the deceased.

In Charlie's case there are no descendants. Representation is allowed only in the descending line of relatives. In the ascending collateral line, Charlie has no living 1st or 2nd degree relatives, his aunt and uncle are 3rd degree, and his cousins are 4th degree.

Charlie's closest living relatives are his aunt and uncle. While Charlie had other aunts and uncles who are deceased, their children are not allowed to represent them, according to La Civil Code Article 883. Therefore , Charlie's aunt and uncle are his only heirs, excluding all others. Had there been no living aunts and uncles in Charlie's line, his cousins would have inherited his estate.

In conclusion, representation means standing in the place of another. Representation is allowed in the descending line of relatives, but not the ascending line of relatives. In the collateral line, the closest living relative excludes all others. Of course, none of this is applicable if a person dies with a valid will. A properly drafted will by a seasoned professional will protect one's relatives from dealing with the complexities of the laws of intestacy.

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