Legal Definitions - degree of descent

Degree of Descent refers to the legal method of calculating the closeness of a familial relationship, primarily used in inheritance law to determine who inherits property when a person dies without a valid will (known as intestacy). It measures the number of generational steps or "degrees" separating two individuals from a common ancestor, or directly from the deceased person to a potential heir. The closer the degree of descent, the higher the priority for inheritance in most legal systems.

• Scenario 1: Inheritance Between Siblings and Cousins

  After Mark passes away without a will, his parents are already deceased. His only living relatives are his sister, Lisa, and his first cousin, Tom.

  Explanation: To determine who inherits Mark's estate, a court would calculate the degree of descent for both Lisa and Tom. Lisa, as Mark's sister, shares parents as common ancestors. The relationship from Mark to a parent (one step) and from that parent to Lisa (one step) represents a very close degree of descent. Tom, as Mark's first cousin, shares grandparents as common ancestors, making his degree of descent more distant than Lisa's. In most jurisdictions, Lisa's closer degree of descent would give her priority to inherit over Tom.

• Scenario 2: Inheritance Involving Aunts/Uncles vs. Nieces/Nephews

  Sarah dies without a will, leaving no spouse, children, or parents. Her closest living relatives are her aunt, Carol (her mother's sister), and her grandniece, Emily (the granddaughter of Sarah's deceased brother).

  Explanation: The court would calculate the degree of descent for both Carol and Emily. For Carol, the common ancestor is Sarah's grandparent (Carol's parent). The steps would be from Sarah to her mother (one step), and from her mother to her parent (one step), then from that grandparent to Carol's parent (one step), and from Carol's parent to Carol (one step). For Emily, the common ancestor is Sarah's parent (Emily's great-grandparent). The steps would be from Sarah to her deceased brother (one step), from her deceased brother to his child (one step), and from that child to Emily (one step). While the exact calculation method can vary by jurisdiction (e.g., civil law vs. common law methods), the process of determining these generational steps is fundamental to establishing who has the stronger claim to inherit based on their familial proximity to Sarah.