Inheritance And Consanguinity: Who Really Gets Your Estate?

Forbes

31-03-2025

The farthest branches of your family tree may become relevant if you die intestate. Pictured here, ... More the family tree of Hedvig Eleonora, Queen of Sweden, 1704. Creator: Eric Utterhielm. (Photo by Heritage Art/Heritage Images via Getty Images)
Few things can complicate the otherwise straightforward matter of death quite like family and the possibility of inheritance. More specifically, few things can turn a well-intentioned estate plan into an unexpected legal circus quite like consanguinity—the fancy legal term for blood relations.
For most people, the idea of passing on their worldly goods to family seems intuitive. But estate planning attorneys know better. Blood, as it turns out, is not always thicker than a well-drafted trust. Consanguinity is both the backbone of estate law and, quite often, its Achilles' heel.
In estate law, consanguinity determines who gets what, who is left weeping in the wings, and who must accept their fate with a forced smile at the reading of the will (which, incidentally, is not a real thing and only happens in movies). Most inheritance laws are rooted in a ladder of blood relationships, ranking heirs from the closest (children, parents) to the most distant (third cousins you didn't know existed until they showed up with a lawyer).
The general rule of thumb is: the closer the blood tie, the stronger the inheritance claim. But just because a person has a high rank on the consanguinity chart doesn't mean they are automatically favored. After all, there's a reason estate planning attorneys exist—they help people bypass that chart entirely when necessary.
Historically, inheritance laws have prioritized keeping wealth within the family. This worked well in eras when property and titles were the primary markers of wealth, and a well-placed marriage could consolidate power (hello, European aristocracy). However, in modern times, familial closeness is measured less by genetic markers and more by holiday dinner invitations.
Just because someone shares your DNA does not mean they share your values—or your competence in managing wealth. Countless horror stories exist of squandered inheritances, bitter legal battles, and feuds that last generations over a single ceramic rooster that Grandma apparently promised to multiple grandchildren.
Estate planning allows people to make rational decisions about their assets, free from the iron grip of bloodline expectations. Of course, rationality is often in short supply when discussing money and mortality.
For those who wish to exclude a family member from their estate plan, there are both delicate and dramatic ways to do so. The most common method is simply drafting a will that allocates assets elsewhere. However, some people opt for the more entertaining approach: leaving a relative a pittance—say, $10—just to prove they were not 'forgotten.' But beware: in some states, even this token amount may grant the recipient certain rights as a beneficiary, potentially entitling them to more information than you intended, rather than cutting them off entirely.
Another tactic is the use of trusts, which can provide for certain relatives while ensuring that they do not, in a fit of financial irresponsibility, purchase a pet tiger or invest in a doomed cryptocurrency scheme. Trusts allow for a degree of control from beyond the grave, ensuring that wealth does not evaporate within a single generation.
For those who fear posthumous backlash, the 'no-contest clause' can be a strategic addition to an estate plan. This provision ensures that any beneficiary who challenges the will risks losing whatever inheritance they might have received. It's a polite way of saying, 'Take what I left you and be grateful, or walk away with nothing.'
Dying without a will (or 'intestate,' as lawyers like to call it) means that the laws of consanguinity take over. In many jurisdictions, this means your assets will trickle down a predefined family tree, starting with children and spouses, then moving outward like a particularly unexciting family reunion. If no close relatives exist, state law may dig up increasingly distant kin, and in extreme cases, your estate may even escheat to the state (which is a lawyerly way of saying the government gets it). If you've ever wanted to see long-lost cousins emerge from the woodwork, failing to draft a will is an excellent way to accomplish that. Even more amusing is the phenomenon of previously indifferent relatives suddenly remembering their deep and abiding affection for the deceased once an estate is at stake.
While consanguinity still plays a dominant role in inheritance law, modern estate planning offers a plethora of ways to override default family-based distribution.
At its core, estate planning—the process of determining who receives an inheritance from your estate—is about balancing personal wishes with legal realities. Consanguinity is a helpful legal framework, but it should never be mistaken for a moral obligation. For those looking to ensure their estate is distributed according to their actual wishes rather than an outdated family tree, the best move is to consult a competent estate planning attorney (preferably one with a sense of humor about the whole thing). After all, while you may not be around to witness the aftermath, you can at least have the satisfaction of knowing that your estate plan was airtight, your legacy secure, and your least favorite relative appropriately baffled by your final decisions. In the end, estate planning is an art—one that blends legal strategy with personal history, practical considerations with emotional realities. Whether you choose to distribute your wealth among family, friends, charities, or a particularly pampered pet, the key is ensuring that your wishes are honored, your assets are protected, and your departure—while inevitable—does not create chaos in its wake.