Half Cousins

[SimonHalfUncle]

Where there is no Will and the only surviving relatives are cousins and half cousins, are the half cousins eligible for inheritance?

[Kati]

Re: Half Cousins

Tagging [MENTION=85500]Peridot[/MENTION] ... one for you maybe??

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although I have found this (while you're waiting for Peridot ) ~ https://www.citizensadvice.org.uk/fa...lose-relatives

Other relatives may have a right to inherit if the person who died intestate had no surviving married partner or civil partner, children, grandchildren, great grand-children, parents, brothers, sisters, nephews or nieces. The order of priority amongst other relatives is as follows:-

• grandparents
• uncles and aunts.
• A cousin can inherit instead if the uncle or aunt who would have inherited died before the intestate person
• half-uncles and half-aunts.
• A half-cousin can inherit instead if the half-uncle or half-aunt who would have inherited died before the intestate person.

[Peridot]

Re: Half Cousins

Kati is right, half cousins can inherit if the half uncles and half Aunts are no longer with us. Here's the link to the full CAB page and also the Government link which may be helpful.
https://www.citizensadvice.org.uk/fa...-of-intestacy/
https://www.gov.uk/inherits-someone-dies-without-will
It is all about whole blood and half blood relatives all very Harry Potter! When the administrator gets to a level that has some surviving relatives that is where they stop.
Basically if you are not married (or in a civil partnership) and have no children
Under the Intestacy Rules, your surviving relatives will inherit in the following order:
Parents
Brothers or sisters or their children (or children’s children etc)
Half brother or sisters or their children (or children’s children etc)
Grandparents
Uncles or aunts (brothers and sisters of the whole blood of a parent) or their children (or children’s children etc)
Uncles and aunts (brothers and sisters of the half blood of a parent) or their children (or children’s children etc)
If you have no surviving spouse/civil partner, parents, children, siblings, grandparents, uncles, aunts, cousins, first cousins etc then under the Intestacy Rules, everything will go to the Crown!
Hope this helps.

[Kati]

Re: Half Cousins

Basically if you are not married (or in a civil partnership)

just out of interest ... what exactly makes it a civil partnership??

[des8]

Re: Half Cousins

There you go [MENTION=49370]Kati[/MENTION] https://www.citizensadvice.org.uk/fa...l-partnership/

[warwick65]

Re: Half Cousins

Kati, you need to go through a formal civil partnership ceremony and registration . I don't know if str8 people can although I think it would be wrong if they couldn't and could be a case against the HRA (1998) , I am sure a quick google would answer that
https://www.theguardian.com/society/...ps-court-rules sadly i was wrong but hopefully mayhem will sort it out ( I don't mean our own Di btw)

I believe a civil partnership can be quite easily 'converted' to marriage

[Peridot]

Re: Half Cousins

There was a case brought for a heterosexual couple who argued just that. They were unsuccessful I believe. All topsy turvy. Probably just an historic thing as at the time the gov't could not be seen to sanction gay marriage so civil partnerships were created. Basically give you same rights as marrieds and now same sex marriage is allowed anyway. Not sure what the distinction is now.

[warwick65]

Re: Half Cousins

There was a case brought for a heterosexual couple who argued just that. They were unsuccessful I believe. All topsy turvy. Probably just an historic thing as at the time the gov't could not be seen to sanction gay marriage so civil partnerships were created. Basically give you same rights as marrieds and now same sex marriage is allowed anyway. Not sure what the distinction is now.

In the above case the judges did say that the law was incompatible with ECHR and HRA (1998) and asked the government to examine it . That was the reason for the split decision, two wanted new legislation and one said there had been enough time and wanted the judiciary to create new law.