I apologize if this question was asked earlier. And I apologize for my English, it's not my native language 🙁
I know that the British inheritance system is too much complicated but I don't find a source where I can read more about it.
All the sources I have found say about the inheritance from a father to a son (sometimes to a daughter) but what about more convoluted cases?
For example (that's what I'm most interested now)).
Let's imagine there is a lord (any of titles) who doesn't have a family but a nephew. Brother of <lord> died along with his wife. What will happen to the title when the lord dies? To his demesne? Can he manage them by his last will?
Or even more difficult))
Let's say that the nephew got married a man and adopted a child. What will happen to the title in this case?
Of course I only speak about hereditary peerage.
I would like to thank you if someone answers 🙂
3 comments
/r/LegalAdviceUK is probably the better place to ask.
Historically hereditary peerage very much followed the male blood line as far as I know. So the title and land would go to the oldest male relative before it went to a woman. Even a distant relative like a third cousin would do. If there was no other option then a women may inherit. A lord may be able to specify a daughter in his will but historically this would be rare. This is as far as I am aware.
When Princess Katherine was pregnant for the first time Queen Elizabeth changed the law of succession for the throne to allow the oldest child to inherit regardless of gender but I don’t think that would effect Lordships now.
In most people’s case in ENGLAND they can leave their estate to whoever they choose and if they fight it usually only the lawyers win!
In SCOTLAND I understand children and spouse cannot be disinherited fully only part of the estate.
In the case of titles the vast majority follow the male line or are declared extant ( i think thats the word *dead) and the house/land often are tied to the title but not by law only by custom – Downton Abbey covered thus. They will go back up the family tree to find the next male – son of a brother or such like.
I worked with a guy with a title but no estate and only daughters.