Degree Of Kinship Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Degree Of Kinship, written in plain English, along with examples of how it is used.

What is Degree Of Kinship?

n. Each step from a common ancestor that describes the level of relationship between two blood related persons, such as first cousins, one sibling to another, parent to child. The calculation is important in cases where there is no will in order to determine the estate heirs.

History and Meaning of Degree of Kinship

The degree of kinship is a legal term created to express how close blood relatives are related to each other. This legal relationship can be used to demonstrate familiarity or distance between the members of the family, and their inheritance and succession rights. The calculation of the degree of kinship goes from a common ancestor and implies a count of every generation up or down on both sides.

In some countries or jurisdictions, the degree of kinship goes up to the fourth degree. For example, the degree of kinship between two siblings or first cousins is two, while the common ancestor is considered as the first degree, and the parents of the children or cousins are the second degree of kinship.

Examples of Degree of Kinship

  • The degree of kinship between a child and their parent is one.
  • The degree of kinship between first cousins is two.
  • When a grandparent dies without a will, legal heirs must prove their degree of kinship to inherit their share of the estate.
  • The degree of kinship between an uncle and a nephew is three.
  • When there is a large family dispute about the inheritance, it's essential to agree on everyone's degree of kinship.

Legal Terms Similar to Degree of Kinship

  • Inheritance: the transfer of property, money, or other assets to legal heirs after someone's death.
  • Kinship System: a multi-level way of organizing family structures and their responsibilities based on kinship relations.
  • Succession Law: the body of laws concerning the distribution of property, assets, and titles after someone's death.