Legal Definitions - canon of descent

The canon of descent refers to the established legal rules that dictate who inherits a deceased person's property when that person dies without a valid will. This situation is commonly known as dying intestate. These rules prioritize certain relatives over others, creating a specific order of inheritance based on family relationships, ensuring that property is distributed according to a predefined legal framework.

• Imagine a situation where Mr. Henderson passes away suddenly without having written a will. He leaves behind his wife, Sarah, and their two adult children, Emily and Michael. The state's canon of descent would specify exactly how Mr. Henderson's assets—such as his house, bank accounts, and investments—are to be divided among Sarah, Emily, and Michael. For instance, it might dictate that Sarah receives a certain percentage, with the remainder split equally between her and the children, or that the children inherit a specific portion directly, ensuring a clear distribution even without a will.

• Consider Ms. Chen, who was single and had no children when she died without a will. Her parents are still alive, and she also has a younger brother. According to the applicable canon of descent, her parents would likely be the primary heirs, inheriting all or a significant portion of her estate. Her brother might only inherit if her parents were no longer living, or if the rules specifically allowed for siblings to share with parents in certain circumstances. This demonstrates how the rules establish a clear hierarchy among different types of relatives.

• Suppose Mr. Davies passes away intestate, and he has no living spouse, children, or parents. However, he has several cousins and an aunt. The canon of descent would then look to more distant relatives, following a predefined order. It might state that his aunt, as a closer relative (typically a sibling of a parent), inherits his entire estate, thereby excluding all his cousins from inheriting, even though they are also family members. This illustrates how the canon provides a definitive roadmap for inheritance, even when immediate family is absent, preventing disputes over who has a claim.