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Relative's or not?

  • 02-01-2012 6:44pm
    #1
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭


    Myself and the missus have been having an argument recently.
    All bar one of my uncles and aunts are married. I call the spouse's of my uncles and aunts my uncles and aunts. The missus says i shouldn't call them that as they are no relation to me. Anyone got an opinion on this?



    Mod's: if this is the wrong section for this i apologise and move at your discretion.


Comments

  • #2
    Jellybaby1
    Closed Accounts Posts: 7,108 ✭✭✭Jellybaby1


    I never heard of that ever before. All my aunts and uncles and their spouses, were my aunts and uncles. But technically I expect the ones who married into the family would be 'aunts/uncles by marriage'. If they weren't, then your cousins would only be half-cousins, and I've never heard of that either!! :)


  • #3
    pinkypinky
    Moderators, Society & Culture Moderators Posts: 6,676 Mod ✭✭✭✭pinkypinky


    I agree with Jellybaby - all of my aunts/uncles' spouses are also aunts/uncles but technically only by marriage. I do sometimes refer to a couple as "my aunt's husband" if I want to clarify or they have annoyed me particulary! :D

    Genealogy Forum Mod



  • #4
    owenc
    Banned (with Prison Access) Posts: 5,524 ✭✭✭owenc


    Naw it depends on who it is, if its one of the rare ones i just call them by their name but if its someone who has been in my family for years then they are my uncle/aunt like i have an uncle and he has been in our family for 40 years now so he is more or less part of the family although not blood.


  • #5
    Jellybaby1
    Closed Accounts Posts: 7,108 ✭✭✭Jellybaby1


    An heir hunter should be able to clarify the legal position. I daresay if there is an inheritance at stake an aunt/uncle 'by marriage' might not have a leg to stand on. Any other views on this? But in a family situation you deal with it in your own way I suppose. I even call my husband's aunts and uncles, auntie so-and so and uncle so-and so. They would be too old to accept me calling them by their first names. :)


  • #6
    pinkypinky
    Moderators, Society & Culture Moderators Posts: 6,676 Mod ✭✭✭✭pinkypinky


    In inheritance terms, I think a spouse would inherit if their spouse was dead, and due to inherit something and the couple had no children, otherwise not at all.

    I call all my uncles and aunts by the first names and always have, I only refer to them as "my aunt X" for clarification when talking to non-family members.

    Genealogy Forum Mod



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  • #7
    Jellybaby1
    Closed Accounts Posts: 7,108 ✭✭✭Jellybaby1


    Understood, but here's the thing, I've watched Heir Hunters countless times and the oddest situations do arise. Just suppose a man dies and the only living relative he has in the world is his aunt-by-marriage - her husband is dead at this stage and she has no children. Would she inherit all his estate? I'm not so sure, but of course the law in Ireland might say different to the UK law. Whatcha think?


  • #8
    shanew
    Registered Users, Registered Users 2 Posts: 2,777 ✭✭✭shanew


    "71.—(1) Subject to the rights of representation mentioned in subsection (2) of section 70, the person or persons who, at the date of the death of the intestate, stand nearest in blood relationship to him shall be taken to be his next-of-kin

    (2) Degrees of blood relationship of a direct lineal ancestor shall be computed by counting upwards from the intestate to that ancestor, and degrees of blood relationship of any other relative shall be ascertained by counting upwards from the intestate to the nearest ancestor common to the intestate and that relative, and then downward from that ancestor to the relative; but, where a direct lineal ancestor and any other relative are so ascertained to be within the same degree of blood relationship to the intestate, the other relative shall be preferred to the exclusion of the direct lineal ancestor."

    I haven't got my head around it all yet, but it seems blood relatives only .. see section 66 to 75... http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0066.html



    Shane


  • #9
    P. Breathnach
    Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    shanew wrote: »
    ...
    I haven't got my head around it all yet, but it seems blood relatives only .. see section 66 to 75... http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0066.html

    I have had to put my head around that one: it is blood (and legally-adopted) relatives only.

    When I was a child, it was considered proper to speak of my aunt's husband as my uncle. But I learned early enough that it was a courtesy, and that he was not truly my relative.


  • #10
    Jellybaby1
    Closed Accounts Posts: 7,108 ✭✭✭Jellybaby1


    shanew wrote: »
    "71.—(1) Subject to the rights of representation mentioned in subsection (2) of section 70, the person or persons who, at the date of the death of the intestate, stand nearest in blood relationship to him shall be taken to be his next-of-kin

    (2) Degrees of blood relationship of a direct lineal ancestor shall be computed by counting upwards from the intestate to that ancestor, and degrees of blood relationship of any other relative shall be ascertained by counting upwards from the intestate to the nearest ancestor common to the intestate and that relative, and then downward from that ancestor to the relative; but, where a direct lineal ancestor and any other relative are so ascertained to be within the same degree of blood relationship to the intestate, the other relative shall be preferred to the exclusion of the direct lineal ancestor."

    I haven't got my head around it all yet, but it seems blood relatives only .. see section 66 to 75... http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0066.html Shane

    That just gave me a headache!! Thank goodness I don't have to prove anything for an inheritance. But yes, blood relative is the thing. It's strange though, for if your parent had a child with someone else, then any child from that relationship would only be a half-sibling. Still, your cousins are still full cousins. Interesting question from the OP but it's taking me further than I wanted to go. :-)


  • #11
    James Jones
    Registered Users, Registered Users 2 Posts: 534 ✭✭✭James Jones


    lucyfur09 wrote: »
    I call the spouse's of my uncles and aunts my uncles and aunts. The missus says i shouldn't call them that as they are no relation to me. Anyone got an opinion on this?
    I think you're right and she's wrong. So does Wikipedia. See HERE and HERE.


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  • #12
    annieoburns
    Registered Users Posts: 505 ✭✭✭annieoburns


    The blood line is key in inheritance. If a child dies before a parent, his portion of the parents estate passes to his children and not to the surviving spouse.

    In these days of serial families, I would distinguish between a couple being natural parents of one's cousins and call them 'aunt and uncle etc' but would not call a second partner and not natural parent an aunt/uncle save as a courtesy. Similarly the divorced partner of a sister will always be an uncle to my children if he had fathered a child that was their cousin.

    Heir Hunters has thrown up many sad cases of a non blood relative being left out of an inheritance where no will was made. Lesson here, make a will! :)


  • #13
    pedroeibar1
    Closed Accounts Posts: 5,108 ✭✭✭pedroeibar1


    annieoburns wrote: »
    Lesson here, make a will! :)

    Or keep your pants on!:)


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