Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. 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, refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance.
In anthropology, kinship is the web of social relationships that form an important part of the lives of all humans in all societies, although its exact meanings even within this discipline are often debated. Anthropologist Robin Fox says that the study of kinship is the study of what humans do with these basic facts of life – mating, gestation, parenthood, socialization, siblingship etc. Human society is unique, he argues, in that we are "working with the same raw material as exists in the animal world, but [we] can conceptualize and categorize it to serve social ends." These social ends include the socialization of children and the formation of basic economic, political and religious groups.
The Serbo-Croatian standard languages have one of the more elaborate kinship (srodstvo) systems among European languages. Terminology may differ from place to place. Most words are common to other Slavic languages, though some derive from Turkish. The standardized languages may recognize slightly different pronunciations or dialectical forms; all terms are considered standard in all language standards, unless otherwise marked: [S] (Serbian), [C] (Croatian), [B] (Bosnian) and [M] (Montenegrin) below.
An ancestor, also known as a forefather, fore-elder or a forebear, is a parent or (recursively) the parent of an antecedent. Ancestor is "any person from whom one is descended. In law, the person from whom an estate has been inherited."
Eskimo kinship or Inuit kinship is a category of kinship used to define family organization in anthropology. Identified by Lewis Henry Morgan in his 1871 work Systems of Consanguinity and Affinity of the Human Family, the Eskimo system was one of six major kinship systems. The system of English-language kinship terms falls into the Eskimo type.
Ambilineality is a form of kinship affiliation of cognatic descent that relies on self-defined affiliation within a given social system, meaning individuals have the choice to be affiliated with their mother's or father's group. Common features of societies that practice ambilineality are a shared set of land, communal responsibilities, and collective ownership of some segments of wealth and debt in their societies. This system of descent is distinct from more common genealogical structures in that rather than determining affiliation and descent using the standard determinants of biological and genealogical relation, it instead relies heavily on voluntary affiliation with one's group, oftentimes being determined by factors including residence.
Most generally, in the lineal kinship system used in the English-speaking world, a cousin is a type of familial relationship in which two relatives are two or more familial generations away from their most recent common ancestor. Commonly, "cousin" refers to a first cousin – a relative of the same generation whose most recent common ancestor with the subject is a grandparent.
A person's next of kin (NOK) is that person's closest living blood relative. Some countries, such as the United States, have a legal definition of "next of kin". In other countries, such as the United Kingdom, "next of kin" may have no legal definition and may not necessarily refer to blood relatives at all.
In discussing consanguineal kinship in anthropology, a parallel cousin or ortho-cousin is a cousin from a parent's same-sex sibling, while a cross-cousin is from a parent's opposite-sex sibling. Thus, a parallel cousin is the child of the father's brother or of the mother's sister, while a cross-cousin is the child of the mother's brother or of the father's sister. Where there are unilineal descent groups in a society, one's parallel cousins on one or both sides will belong to one's own descent group, while cross-cousins will not.
In English law, heirs of the body is the principle that certain types of property pass to a descendant of the original holder, recipient or grantee according to a fixed order of kinship. Upon the death of the grantee, a designated inheritance such as a parcel of land, a peerage, or a monarchy, passes automatically to that living, legitimate, natural descendant of the grantee who is most senior in descent according to primogeniture, males being preferred, however, over their sisters regardless of relative age; and thereafter the property continues to pass to subsequent descendants of the grantee, according to the same formula, upon the death of each subsequent heir.
In genealogy and wills, a person's issue is all their lineal descendants.
In law, a prohibited degree of kinship refers to a degree of consanguinity and sometimes affinity between persons that results in certain actions between them being illegal. Two major examples of prohibited degrees are found in incest and nepotism. Incest refers to sexual relations and marriage between closely related individuals; nepotism is the preference of blood-relations in the distribution of a rank or office.
Kinship terminology is the system used in languages to refer to the persons to whom an individual is related through kinship. Different societies classify kinship relations differently and therefore use different systems of kinship terminology; for example, some languages distinguish between consanguine and affinal uncles, whereas others have only one word to refer to both a father and his brothers. Kinship terminologies include the terms of address used in different languages or communities for different relatives and the terms of reference used to identify the relationship of these relatives to ego or to each other.
In inheritance, a hereditary successor is a person who inherits an indivisible title or office after the death of the previous title holder. The hereditary line of succession may be limited to heirs of the body, or may pass also to collateral lines, in case of extinction of heirs of the body, depending on the succession rules. These concepts are in use in English inheritance law.
Family is a group of people related either by consanguinity or affinity. The purpose of the family is to maintain the well-being of its members and of society. Ideally, families offer predictability, structure, and safety as members mature and learn to participate in the community. Historically, most human societies use family as the primary locus of attachment, nurturance, and socialization.
In the lineal kinship system used in the English-speaking world, a niece or nephew is a child of the subject's sibling or sibling-in-law. The converse relationship, the relationship from the niece or nephew's perspective, is that of an aunt or uncle. A niece is female and a nephew is male. The term nibling has been used in place of the common, gender-specific terms in some specialist literature.
Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.
In the law of inheritance, a laughing heir is an heir who is legally entitled to inherit the property of a person who has died, even though that heir is only distantly related to the deceased, and therefore has no personal connection or reason to feel bereaved over the death.
Irish kinship is a system of kinship terminology which shows a bifurcate collateral pattern. This system is used by a minority of people living in the Gaeltacht regions of Ireland. Irish kinship terminology varies from English kinship as it focuses on gender and generation, with less emphasis on differentiating lineal vs. collateral.
A lineal descendant, in legal usage, is a blood relative in the direct line of descent – the children, grandchildren, great-grandchildren, etc. of a person. In a legal procedure sense, lineal descent refers to the acquisition of estate by inheritance by parent from grandparent and by child from parent, whereas collateral descent refers to the acquisition of estate or real property by inheritance by sibling from sibling, and cousin from cousin.
