Intestacy is the condition of the estate of a person who dies without a legally valid will, resulting in the distribution of their estate under statutory intestacy laws rather than by their expressed wishes. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, which vary by jurisdiction, refers to the body of law (statutory and case law), establish a hierarchy for inheritance, typically prioritizing close relatives such as spouses, children, and then extended family members and determines who is entitled to the property from the estate under the rules of inheritance.
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👉 Intestacy in the context of Consanguinity
Consanguinity (from Latin consanguinitas 'blood relationship') is the characteristic of having a kinship with a relative who is descended from a common ancestor.
Many jurisdictions have laws prohibiting people who are closely related by blood from marrying or having sexual relations with each other. The degree of consanguinity that gives rise to this prohibition varies from place to place. On the other hand, around 20% of the global population lives in areas where some consanguinous marriages are preferred. The degree of relationships are also used to determine heirs of an estate according to statutes that govern intestate succession, which also vary from jurisdiction to jurisdiction. In some communities and time periods, cousin marriage is allowed or even encouraged; in others, it is taboo, and considered to be incest.
Intestacy in the context of Cadet branch
A cadet branch consists of the male-line descendants of a monarch's, ruler's or patriarch's younger sons (cadets). In the ruling dynasties and noble families of much of Europe and Asia, the family's major assets (realm, titles, fiefs, properties, lands and income) have historically been passed from the father to his firstborn son in what is known as primogeniture; younger sons, the cadets, generally inherited less wealth and authority (such as a small appanage) to pass on to future generations of their descendants.
In families and cultures in which that was not the custom or law, such as the feudal Holy Roman Empire, the equal distribution of the family's holdings among male members was eventually apt to so fragment the inheritance as to render it too small to sustain the descendants at the socio-economic level of their forefather—and indeed, too small to efficiently manage or effectively defend. Moreover, brothers and their descendants sometimes quarreled over their allocations, or even became estranged. While agnatic primogeniture became a common way of keeping the family's wealth intact and reducing familial disputes, it did so at the expense of younger sons and their descendants. Both before and after a state legal default of inheritance by primogeniture, younger brothers sometimes vied with older brothers to be chosen as their father's heir or, after the choice was made, sought to usurp the elder's birthright.
Intestacy in the context of Will (law)
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.
Though it has been thought a "will" historically applied only to real property, while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), records show the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator.
Intestacy in the context of Consanguine
Consanguinity (from Latin cōnsanguinitās 'blood relationship, kinship') is the characteristic of having a kinship with a relative who is descended from a common ancestor.
Many jurisdictions have laws prohibiting people who are closely related by blood from marrying or having sexual relations with each other. The degree of consanguinity that gives rise to this prohibition varies from place to place. On the other hand, around 20% of the global population lives in areas where some consanguinous marriages are preferred. The degree of relationships are also used to determine heirs of an estate according to statutes that govern intestate succession, which also vary from jurisdiction to jurisdiction. In some communities and time periods, cousin marriage is allowed or even encouraged; in others, it is taboo, and considered to be incest.