Collateral consanguinity is the relationship between persons who are descendants from the same common ancestor but do not descend or ascend from each other. In other words, they are related by blood but do not descend from each other.
A collateral descendant, also referred to as a collateral heir or collateral kin, descends from the same common ancestor as the decedent, but does not descend directly from the decedent. For example, siblings, cousins, nephews, nieces, aunts, and uncles are collateral descendants, while children and grandchildren are direct descendants.
Collaterals are relatives who descend from a common ancestor, other than direct ancestors and issue. Examples of one’s collaterals would be relatives such as uncles, aunts, or cousins. On the other hand, one’s ancestors are parents, grandparents, great-grandparents.
[Last reviewed in July of 2022 by the Wex Definitions Team]
Commingling refers broadly to the mixing of funds belonging to one party with funds belonging to another party. It most often describes a fiduciary’s improper mixing of their personal funds with funds belonging to a client.
Common property refers to property owned by more than one entity. Because of this shared ownership, an individual party’s degree of control over common property is less than it would be if they owned that property alone. Common property is found in a variety of scenarios:
Community property with the right of survivorship is an agreement where, after the death of a spouse, ownership of the property that is jointly owned by both spouses automatically passes to the other spouse.
Competence is the capacity or minimal ability to do something; the mental and physical ability to carry out a given task. A few examples are: competence to stand trial, competence to be executed, competence to hold public office, and competence to practice law. While context determines the specific inquiry, the foundational requirement, common to all measures of competence, is a basic awareness of one’s identity, condition, surroundings, and the identity of others. See also: competent.
The term competent is used in various legal contexts, including procedure, evidence, and employment. More generally, it refers to the ability to act in the circumstances, including the ability to perform a job or occupation, the capacity to reason, or to make decisions.
Compos mentis is Latin for “having control/mastery of one’s mind.” The term is used to describe individuals who are of sound mind; those who are mentally competent and capable of managing their own affairs; those who have use of and control over their mental faculties.
The opposite term is non compos mentis.
Conditional bequest is a term added to a gift before the recipient can collect the gift. Conditional bequests usually appear in wills and trusts for people wanting to place requirements on inheritances. These conditions can be almost anything imaginable as long as they do not violate public policy. For example:
