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Simple English definitions for legal terms
gradual method
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A quick definition of gradual method:
The gradual method is a way of dividing up someone's property when they die without leaving a will. It gives priority to family members who are closest in relation to the person who died. This method has been around for a long time, since 1670 in England. It's different from other methods that might give everything to one person or split it evenly among all family members.
A more thorough explanation:
The gradual method is a way of distributing the property of a person who has died without leaving a will. This method gives priority to relatives who are closest in relation to the deceased person.
For example, if a person dies without a will, their property will be distributed according to the gradual method. If the deceased person has a spouse, the spouse will inherit the property. If there is no spouse, the property will be inherited by the children. If there are no children, the property will be inherited by the parents. If there are no parents, the property will be inherited by the siblings. This process continues until a relative is found who can inherit the property.
The gradual method is based on the English Statute of Distributions, which was passed in 1670. This method is also known as the "next of kin" method.
Overall, the gradual method ensures that the property of a deceased person is distributed fairly among their relatives, with priority given to those who are closest in relation.