Legal Definitions - gradual method

The gradual method is a legal principle used in inheritance law to determine who receives a deceased person's property when they die without a valid will (a situation known as dying "intestate"). This method prioritizes inheritance based on the closeness of the blood relationship to the deceased. Relatives who are considered to be in a more direct or immediate line of descent or ascent, such as children or parents, inherit before more distant relatives.

• Example 1: Direct Descendants

  Mr. Davies, a widower, passes away without having written a will. He is survived by his two adult children and his sister. Under the gradual method, Mr. Davies's children, as his direct descendants, are considered his closest blood relatives. Therefore, they would inherit his entire estate, taking precedence over his sister, who is a more distant relative in this inheritance scheme.

• Example 2: Ascendants Over Collaterals

  Ms. Chen dies intestate, leaving no spouse or children. Her parents are both still alive, and she also has a brother. Applying the gradual method, Ms. Chen's parents, as her direct ascendants, are considered closer in degree of consanguinity than her brother. Consequently, her parents would inherit her estate before her brother.

• Example 3: Descendants of Siblings Over Cousins

  Mr. Rodriguez passes away without a will. He has no spouse, children, or living parents. He is survived by a nephew (the son of his deceased sister) and several cousins. According to the gradual method, Mr. Rodriguez's nephew would be considered a closer blood relative than his cousins. A nephew is a descendant of a sibling, placing him in a more direct line of succession compared to cousins, who share a common grandparent but are further removed. Thus, the nephew would inherit Mr. Rodriguez's property.