Executor Dative - Scotland "Next of kin"

buddy9

Your draft was rightly bounced for the description in the Instance. ‘First cousin once removed’ is not used in commissary documents. A google search suggests that ‘first cousin once removed’ can describe two different relationships.

Additionally:

• the Instance contains ‘place of death’ rather than ‘address’.
• your version is silent on any full blood/half blood distinction.
• the conclusion in the Plea in law ‘right to or share’ differs from ‘share’ in the para above it.

Agree with your description of the Condescendence

Reed_Richards

Yes, I suppose my first cousin once removed could be a cousin of one of my parents or a child of one of my cousins. I meant it to mean the former but I had not considered the latter alternative.

Then again, Google confirms that the term cousin doesn't in language necessarily mean first cousin.

More broadly, it refers to any extended family member who shares a common ancestor but is not a direct ancestor or descendant. [Wikipedia +1] The relationship is typically defined by "degrees" (first, second, third, etc.) and "removals"

So should I not write "qua child of a predeceasing first cousin"? Or is the meaning of cousin defined more rigidly in Scottish law than it is in common parlance?

Re the other points:

My relative died in a nursing home, hence "place of death".

I get a bit confused about when to use full blood/half blood. In my case I believe I only need to state that my maternal grandfather was brother of the full blood to the mother of the deceased, as per your example.

Yes, I and other cousins and their descendants have right to the intestate estate.