Legal Definitions - cognate

The term cognate refers to an individual who is related to another by blood. While broadly encompassing any blood relative, legal systems have historically applied more specific meanings. For instance, in ancient Roman law, a cognate was a blood relative whose kinship derived from a lawful marriage. In certain civil law traditions, such as Scots law, the term specifically denotes kinship traced through the mother's side of the family. This term stands in contrast to agnate, which refers to kinship exclusively through the father's line.

Here are some examples illustrating the concept of a cognate:

• Imagine a large family gathering where siblings, their children, and their first cousins are all present. Each person at this gathering is a cognate to many others because they all share a common ancestor and are related by blood, whether through their mother's or father's lineage. For example, a person's relationship to their mother's sister's child (a maternal first cousin) is a cognatic relationship.

• Consider a scenario in a jurisdiction that follows a legal tradition similar to Scots law regarding kinship. If a child's maternal grandmother passes away and the child is considered an heir through their mother, this relationship would be recognized as cognatic. The legal system specifically acknowledges the blood tie through the maternal line for purposes of inheritance or familial status.

• A person is drafting their will and wishes to ensure that if their direct descendants are no longer living, their estate passes to their closest blood relatives, including those connected through their mother's family. The will might refer to "cognatic heirs" to ensure that individuals like their maternal aunts, uncles, or cousins are considered beneficiaries, reflecting the inclusive nature of the term for blood relatives from both sides of the family, or specifically the maternal side depending on the specific legal context.